- 1 - NC: 2025:KHC:16512 WP No. 9848 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 9848 OF 2025 (GM-RES) BETWEEN: SRI M P SHIVA SHANKAR, AGED ABOUT 56 YEARS, S/O LATE M. PAPAIAH, R/AT NO. 50, MV PAPAIAH GARDEN, OPP. TO SGR DENTAL COLLEGE, MUNNEKOLALA, MARATHAHALLI POST, BANGALORE-560 037. (NOTE: SMT. SHARADHA.B.C, IS A GUARANTER, THE PETITIONER IS THE BORROWER/OWNER. HENCE, SAID SMT. SHARADHA.B.C IS NOT MADE A PARTY TO THIS PETITION) …PETITIONER (BY SRI K N NITHISH, ADVOCATE) AND: SHREE GURU RAGHAVENDRA SAHAKARA BANK NIYAMITHA, NO. 15, SUBBARAMA SETTY ROAD, NETTAKALLAPPA CIRCLE, BASAVANAGUDI, BENGALURU-560 004. REP. BY ITS AUTHORISED OFFICER I.E DEPUTY MANAGER/SENIOR ASSISTANT …RESPONDENT (BY SRI VIKRAM UNNI RAJAGOPAL, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE ISSUED BY THE RESPONDENT AT ANNEXURE-C DATED Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:16512 WP No. 9848 of 2025 01.03.2025 BEARING NO. SGRB/AZ/2199/L-40/2024-2025 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 1. The petitioner is before this Court calling in question an auction sought to be conducted of the property of the petitioner by the respondent-Bank. 2. This Court on 02.04.2025, had granted the following order: "The petitioner is before this Court calling in question a notice of sale, the sale of which is slated to be held on 4-4-2025. The amount in due according to the learned counsel appearing for the Bank is Rs.2,55,10,000/-. The sale therefore shall go on, the sale certificate pursuant to the sale in favour the auction purchaser shall not be issued, subject the condition that the petitioner would deposit Rs.50 lakhs to the Bank within 3 weeks from today. List the matter on 22.04.2025 in the fresh matters list. In the event the petitioner would not deposit the said amount, the Bank is at liberty to proceed to issue the sale certificate in favour of the auction purchaser. 3. The learned counsel appearing for the Bank submits that the date of auction spent itself and the sale did not take place - 3 - NC: 2025:KHC:16512 WP No. 9848 of 2025 on the said date of auction. In that light, the petition is rendered infructuous and the same is to be disposed as infructuous. 4. Recording the statement of the respondent that not even a rupee has been paid pursuant to the interim order dated 02-04-2025 , the writ petition is disposed off as infructuous. 5. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE tsn* List No.: 1 Sl No.: 47