- 1 - HC-KAR NC: 2025:KHC:19936 WP No. 11400 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 11400 OF 2025 (GM-RES) BETWEEN: 1. SILVERGLADES PROJECTS PVT LTD SILVER ICON BUILDING, PLOT-58, SECTOR-23 GHANSOLI, NAVI MUMBAI, MAHARASHTRA STATE - 400 701. REPRESENTED BY ITS DIRECTOR MR. DENIS C. LOBO 2. MR. DENIS C. LOBO, S/O LATE CHARLES LOBO, 1-84, MANGAJE HOUSE, KAVALA PADUR VILLAGE, VOGGA POST, BANTWAL TALUK, DAKSHINA KANNADA DISTRICT PINCODE-574 265. MOBILE 990033210/7303344662 3. MR. CYPRIAN CHARLES LOBO, S/O LATE CHARLES LOBO, B. WING, FLAT NO. 403, PLOT NO. 190, SECTOR-19, ULWE NODE, NAVI MUMBAI, MAHARASHTRA STATE - 410 206. … PETITIONERS (BY SMT. ELIZABETH RODRIGUES., ADVOCATE) AND: 1. THE LEGAL AND RECOVERY DEPARTMENT KARNATAKA BANK LTD., REGD. AND HEAD OFFICE, Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19936 WP No. 11400 of 2025 P.B. NO. 599, MAHAVEERA CIRCLE, KANKANADY, MANGALURU - 575 002. REPRESENTED BY THE BRANCH MANAGER 2. KARNATAKA BANK LTD., KADRI ROAD BRANCH, MANGALURU, DAKSHINA KANNADA DISTRICT. REPRESENTED BY THE BRANCH MANAGER … RESPONDENTS (BY SRI. A MADHUSUDHANA RAO., ADVOCATE FOR R1 & R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1. QUASHING THE E-AUCTION SALE OF THE PROPERTY WHICH IS SCHEDULED ON 16/04/2025 FOR WHICH THE NOTICE IS ISSUED DATED 03.03.2025 BY THE ASSET RECOVERY MANAGEMENT BRANCH, KARNATAKA BANK LIMITED, 3RD FLOOR, KARNATAKA BANK BUILDING, KODIALBAIL, MANGALURU AND FURTHER PROCEEDINGS. THE DOCUMENT IS PRODUCED AS ANNEXURE- "A" AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER Learned counsel appearing for respondent No.2- Karnataka Bank submits that the auction proceedings have not reached the logical conclusion and has failed for want of bidders. It is further submitted that even otherwise, the remedy of petitioners is to take recourse to the proceedings under Section 17 of the SARFAESI Act. - 3 - HC-KAR NC: 2025:KHC:19936 WP No. 11400 of 2025 2. The memo filed is taken on record and it reads as hereunder:- "The petitioner has filed the above Writ Petition challenging the e-auction proposed to be held by the respondent Bank in respect of the petitioner of the petitioners whose symbolic possession were taken by the respondent Bank under the provisions of Section 13(4) of SARFAESI Act, 2002. The said auction did not materialize on account of non-availability of bidders. Hence, the writ petition filed by the petitioner does not survive for consideration. Hence, this memo." 3. In light of the memo filed and even otherwise, noticing the availability of substantive alternative remedy under Section 17 of the SARFAESI Act, the petition is disposed off without adjudicating on the merits of the matter. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR