- 1 - HC-KAR NC: 2025:KHC:18673 WP No. 9555 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 9555 OF 2025 (GM-RES) BETWEEN: MR. B.M. CHANDRASHEKAR, S/O LATE B.M. KANNAPPA, AGED ABOUT 54 YEARS, R/AT D. NO.3-42-1/2, KOTEKAR VILLAGE AND POST, ULLAL TALUK, D.K. DISTRICT, MANGALURU - 575 022. …PETITIONER (BY SRI. S. RAJASHEKAR, ADVOCATE) AND: CANARA BANK, KOTEKAR BRANCH, N.H. 66 MAIN ROAD, KOTEKAR, MANGALURU TALUK, DAKSHINA KANNADA DIST. - 575 022, REP. BY ITS AUTHORIZED OFFICER/MANAGER. …RESPONDENT (BY SRI. V. HARIDAS BHAT, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 ND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD 07.03.2025 PASSED IN CRIMINAL MISC NO. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:18673 WP No. 9555 of 2025 75/2025 PASSED BY THE PRL. SENIOR CIVIL JUDGE AND CJM, MANGALURU VIDE ANNX-A AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The coordinate bench on 28.03.2025 had passed the following order: "1. The submission of the Counsel for the petitioner is that due to financial stringency, the petitioner could not make payment of the due amounts. The total amount due as on today is Rs.35,90,000/-. The petitioner in order to establish his bonafides would make payment of a sum equivalent to 20% of the said amount, i.e., Rs.6,18,000/-within four weeks from today, that is on or before 30.04.2025 and another sum equivalent to 20% of the due amount within four weeks thereafter, that is by 31.05.2025. 2. In view of the said submission, though the auction shall can go on, respondent is restrained from confirming the auction sale. 3. In the event of default in making payment of the above installments, the interim order would stand automatically vacated and respondent-Bank would be at liberty to confirm the auction. - 3 - HC-KAR NC: 2025:KHC:18673 WP No. 9555 of 2025 4. Re-list on 3.06.2025. 5. Hand delivery ordered." 2. The learned counsel appearing for the respondent - Bank submits that not a rupee has been paid pursuant to the interim order. 3. The interim order had already indicated that it would automatically get vacated, if there is breach. The breach is apparent. 4. In the light of the non compliance of the interim order, the learned counsel appearing for the petitioner submits that he would approach Debt Recovery Tribunal ('the DRT' for short), if two weeks time is granted. 5. Therefore, two weeks time is granted to the petitioner to approach the DRT. In the light of the subsistence of the interim order, I deem it appropriate to continue the same for a period of two weeks. In the event, the petitioner would not approach the DRT in two weeks, the interim order would stand automatically vacated. - 4 - HC-KAR NC: 2025:KHC:18673 WP No. 9555 of 2025 6. With the aforesaid observations, the petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 3 Sl No.: 45 CT: BHK