- 1 - HC-KAR NC: 2025:KHC:23466 WP No. 12231 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 12231 OF 2025 (GM-RES) BETWEEN: 1. M/S PAVITHRA PUBLIC SCHOOL HEBBAGODI, BHAVANI ROAD, ANEKAL TALUK-560099 REPRESENTED BY ITS AUTHORISED SIGNATORY/SECRETARY, SRI. RAVINDRA K, S/O SRI. KUNJANNA, AGED ABOUT 57 YEARS. 2. M/S. PAVITHRA EDUCATION SOCIETY, HEBBAGODI, BHAVANI ROAD, ANEKAL TALUK-560099 REPRESENTED BY ITS AUTHORISED SIGNATORY/SECRETARY, SRI. RAVINDRA K, S/O SRI. KUNJANNA, AGED ABOUT 57 YEARS. 3. SRI. DHANALAKSHMI, W/O SRI. RAVINDRA K, AGED ABOUT 47 YEARS, RESIDING AT NO. 631, 3RD CROSS, ANEKAL TALUK, HEBBAGODI, BENGALURU 560099. …PETITIONERS (BY SRI. SATISH D J., ADVOCATE) AND: 1. M/S VARTHANA FINANCE PRIVATE LIMITED FORMERLY KNOWN AS THIRUMENI Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23466 WP No. 12231 of 2025 FINANCE PRIVATE LIMITED HAVING ITS REGISTERED OFFICE AT, VARASIDDHI, 3RD FLOOR, 5 BC-110 SERVICE ROAD, 3RD BLOCK, HRBR LAY OUT, BENGALURU 560043 REPRESENTED BY ITS AUTHORISED OFFICER REG. UNDER K C S ACT 1952 REPRESENTED BY ITS AUTHORISED SIGNATORY/MANAGER SMT VEENA Y M …RESPONDENT (BY SRI. SUBHASCHANDRA S., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND/OR SETTING ASIDE THE COMMUNICATION OF TAKING PHYSICAL POSSESSION ISSUED BY THE RESPONDENT BANK DATED 12.02.2025 AS PER ANNEXURE-C, CONSEQUENTLY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER Learned counsel for the petitioners has filed a memo seeking to withdraw the petition. 2. The memo reads as follows:- "The undersigned counsel respectfully submit that during the pendency of the above petition, the respondent issued a action sale notice dated 21.05.2025. Hence the petitioner is intended to withdraw the above said petition, as became infractious - 3 - HC-KAR NC: 2025:KHC:23466 WP No. 12231 of 2025 (sic), and with liberty to challenging the impugned action sale notice dated 21.5.2025. Hence kindly take the same on record. Wherefore it is most humbly prays that this Hon'ble Court may be pleased to withdraw the above said petition, as became infrcutious, (sic) and granting with liberty to challenging the impugned action sale notice dated 21.5.2025, in the interest of justice and equity." 3. Learned counsel appearing for the respondent Bank submits that the Sale Notice dated 21.05.2025 was not taken to its logical end due to lack of bidders. 4. In light of the same, the petition is disposed off as not calling for any adjudication. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR