- 1 - NC: 2025:KHC:15521-DB WA No. 435 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT APPEAL No. 435 OF 2025 (GM-RES) BETWEEN: 1. STATE BANK OF INDIA, STRESSED ASSETS RECOVERY BRANCH, No.11/90, 3RD FLOOR, OPP. NEAR OLD SHIVAJI THEATRE, J.C. ROAD, BENGALURU 560002. (REGISTERED UNDER COMPANIES ACT 1949) …APPELLANT (BY SRI NANDISH PATIL, ADVOCATE) AND: 1. SRI S. H. SIDDAPPA, S/O LATE S. B. HANUMANTHAPAPA, AGED ABOUT 62 YEARS, HUCHALIANAHKATTE COFFEE ESTATE, KALALTHIPURA VILLAGE AND POST, LINGADAHALLI HOBLI, TARIKERE TALUK, CHICKMAGALURU-577228. …RESPONDENT THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE/MODIFY THE IMPUGNED ORDER DATED 19/02/2025 PASSED BY THE LEARNED SINGLE JUDGE OF HON'BLE HIGH COURT OF KARNATAKA, BENGALURU IN WP No.35709/2024 AND CONSEQUENTIALLY DISMISS THE WP No.35709/2024. Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15521-DB WA No. 435 of 2025 THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned advocate Mr. Nandish Patil for the appellant. 2. The challenge sought to be raised in this writ appeal by the appellant-applicant is against judgment and order dated 19.02.2025 passed in the pending Writ Petition No.35709 of 2024. 3. In the main petition filed by the respondent herein, what is challenged is appellant-Bank's auction sale notice dated 02.12.2024, whereby the auction sale was fixed on 07.01.2025. The auction was held and was to be conducted pursuant to the action taken by the appellant-Bank under The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 in respect of the property in - 3 - NC: 2025:KHC:15521-DB WA No. 435 of 2025 question relating to proceedings against the petitioner for non payment of the dues of the bank. 3.1 As per the impugned order it appears that in the auction, the sale was confirmed at Rs.1,81,00,000/-. As per the impugned order in the petition which is filed by borrower, learned Single Judge observed that the purchaser has deposited the entire sale consideration of Rs.1,81,00,000/-. The interim direction of not to confirm the sale was passed and the petitioner was put to condition on deposit of 25% of Rs.1,81,00,000/-. 4. Learned advocate for the appellant-bank submitted that the bank cannot be prevented from confirming the sale when the auction has taken place and the successful bidder has deposited the amount. It was submitted that the writ petition itself was not maintainable in view of the alternative remedy available to the petitioner-borrower, under Section 17 of the said Act. 5. When the main petition is pending that order impugned is interim in nature, it cannot be said that the rights of any of the parties have been finally decided by learned Single Judge. - 4 - NC: 2025:KHC:15521-DB WA No. 435 of 2025 Since the petition is yet to be heard finally and there is no trapping of finality in the impugned interim order, the court is not inclined to exercise its appellate jurisdiction. 6. All the contentions of the appellant-bank as well as of the respondent are kept open to be raised before learned Single Judge. 6.1 This court has not gone into merits of the case of either side. 6.2 It is expected that learned Single Judge shall take up the writ petition on the next date of hearing, with co-operation of parties and shall dispose of the same as expeditiously as possible. 7. The appeal is accordingly not entertained and disposed of. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE VBS/List No.: 1 Sl No.: 27