- 1 - HC-KAR NC: 2025:KHC:18837 WP No. 9744 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 9744 OF 2025 (GM-RES) BETWEEN: 1. MRS SHEELA G V W/O SRI. SRINIVAS MANGALORE, AGED ABOUT 48 YEARS, R/A NO.88, 5TH CROSS, MARUHI NAGARA, ITTAMADU BSK 3RD STAGE, BANGALORE-560 085 AADHAR NO: 8732 3295 3301 PAN NO: CCQPS5549N … PETITIONER (BY SRI. ANISH ACHARYA., ADVOCATE) AND: 1. L AND T FINANCE LIMITED BRINDAVAN BUILDING, PLOT NO. 177, KALINA, CST ROAD SANTACRUZ (EAST) MUMBAI-400 098 … RESPONDENT (BY SRI. VASUDEVAN H N., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT QUASHING THE SALE AUCTION NOTICE ISSUED BY THE RESPONDENT DTD 28.02.2025 SCHEDULING THE SALE ON 20.03.2025 AND ETC. Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18837 WP No. 9744 of 2025 THIS PETITION COMING ON FOR FRESH MATTERS LIST THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner has challenged the auction notice dated 28.02.2025 whereby the date for auction was fixed as 20.03.2025. 2. Various contentions have been raised regarding reasons for default. 3. Petitioner further asserts that she was not informed about the auction nor provided an opportunity to challenge the same. 4. Learned counsel for respondent submits that the auction was conducted on 20.03.2025. 5. This court by order dated 02.04.2025 had directed that sale certificate if not issued as on that date, shall not be issued till the next date of hearing. The interim order granted was extended from time to time. - 3 - HC-KAR NC: 2025:KHC:18837 WP No. 9744 of 2025 6. By order dated 25.04.2025, the interim order earlier granted was extended till the next date subject to condition that the petitioner would deposit Rs.5,00,000/- into the loan account. 7. Admittedly, subsequent to order of 25.04.2025, petitioner has not deposited any amount to the loan account. 8. Taking note of the law laid down by the Apex Court in the case of CELIR LLP v. Bafna Motors (Mumbai) Pvt.Ltd. and Others in Civil Appeal Nos.5542-5543/2023, it is submitted by the learned counsel for respondent-Bank that the right of redemption has been lost. 9. It is noticed that as the auction purchaser who was the successful bidder has not been arrayed as a party, it would not be appropriate to pass any order without the said auction purchaser being made a party. - 4 - HC-KAR NC: 2025:KHC:18837 WP No. 9744 of 2025 10. Even otherwise, remedy against such auction notice raising illegalities of the same, if any, is permissible before the Debt Recovery Tribunal under Section 17 of the SARFAESI Act. In light of the grievance redressal mechanism contained under the Act, the question of entertaining a writ petition sidestepping such statutory scheme is impermissible. 11. Accordingly, this court finds no reason to continue the present proceedings taking note that the petitioner has not demonstrated bonafides by adhering to the conditions imposed for payment as per the interim order dated 25.04.2025. 12. All contentions of the petitioner are kept open to be raised before the appropriate Forum as is permissible in law. Sd/- (S SUNIL DUTT YADAV) JUDGE NP