- 1 - NC: 2025:KHC:16656 WP No. 10021 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.10021 OF 2025 (GM-DRT) BETWEEN: 1. DR. MAHESH KUMAR SAHU S/O LATE SRI. KAILASH CHANDRA SAHU AGED ABOUT 72 YEARS. 2. DR. ISMATH AFSHAN W/O DR. MAHESH KUMAR SAHU AGED ABOUT 69 YEARS. 3. MS. SEEMA SAHU D/O DR. MAHESH KUMAR SAHU AGED ABOUT 36 YEARS. 4. MS. SAMRA SAHU S/O MAHESH KUMAR SAHU AGED ABOUT 32 YEARS. ALL ARE R/AT NO.A-002 ROYAL LEGEND APARTMENT KODICHIKKANAHALLI, BOMMANAHALLI BANGALORE-560 068. …PETITIONERS (BY SRI. RAJENDRA M.A. ADV.,) AND: 1. THE AUTHORISED OFFICER THE MALLESHWARAM CO-OPERATIVE BANK LTD., NO.102, 7TH CROSS, MALLESHWARAM BANGALORE-560 003 REPRESENTED BY ITS MANAGER/ AUTHORISED OFFICER. 2. MR. SANDEEP M.K. (AUCTION PURCHASER) S/O MR. MUNISWAMY .K Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:16656 WP No. 10021 of 2025 R/AT NO.9, 1ST CROSS 2ND MAIN, BRUNDAVAN NAGAR TAVAAREKERE, BENGALURU - 560 029. …RESPONDENTS (BY SRI. K.V. LOKESH, ADV., FOR R1) - - - THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH AND SET ASIDE THE IMPUGNED ORDER PASSED BY THE HONBLE DEBT RECOVERY TRIBUNAL DRT-II BENGALURU IN S.A.NO. 98/2024 ON 07.01.2025 (ANNX-A). SET ASIDE THE IMPUGNED ORDER AND REMIND BACK TO HONBLE DEBT RECOVERY TRIBUNAL, DRT-II BENGALURU TO "REVIEW ITS ORDERS" BY CONDONING THE DELAY IN ACCORDANCE WITH LAW AS THE SALE WHICH IS HELD ON 24.01.2024 IS ITSELF VOID AND NON-EST IN THE EYES OF LAW, ON ACCOUNT OF NON- COMPLIANCE OF RULE 9(3) AND RULE 9(4) OF THE SECURITY INTEREST (ENFORCEMENT) RULES, 2002 & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Learned counsel appearing for the petitioners, after arguing the matter at length, would seek leave of this Court to approach the Debts Recovery Appellate Tribunal against the order passed in S.A.No.98/2024 dated 07.01.2025. 2. Liberty so sought is granted. 3. Petition is disposed as withdrawn. - 3 - NC: 2025:KHC:16656 WP No. 10021 of 2025 4. The pendency of this petition and the time spent thereon shall be taken note of, by the Debts Recovery Appellate Tribunal in the event it becomes necessary. Sd/- (M.NAGAPRASANNA) JUDGE RV List No.: 1 Sl No.: 105