- 1 - NC: 2025:KHC:18241 WP No. 14195 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 14195 OF 2025 (GM-RES) BETWEEN: 1. SRI.KISHOR KUMAR K C S/O LATE CHIKKA MUNISWAMI, AGED ABOUT 34 YEARS, KADRIPURA VILLAGE, KYASAMBALLI HOBLI BANGARPET TALUK, PRESENTLY KGF TALUK, KOLAR DISTRICT - 563 116. 2. SRI. G S DEVARAJ S/O SRI SANJEEVAPPA, AGED ABOUT 55 YEARS, SEETHAMPALLI VILLAGE, KYASAMBALLI HOBLI, BANGARPET TALUK, PRESENTLY KGF TALUK, KOLAR DISTRICT - 563 116. …PETITIONERS (BY SRI. RAMESH BABU R.,ADVOCATE) AND: CANARA BANK A BODY CORPORATE CONSTITUTED UNDER THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT, 1980 HAVING ITS HEAD OFFICE AT CANARA BANK, 6648, 112, J C ROAD, P. B. HALASURPETE, NAGARATHPETE, BENGALURU - 560 001. AND HAVING AMONG OTHER BRANCHES A BRANCH AT BETHAMANGALA BANGARPET TALUK, PRESENTLY K G F TALUK, KOLAR DISTRICT - 563 116. REPRESENTED BY ITS MANAGER. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18241 WP No. 14195 of 2025 …RESPONDENT THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH POSSESSION NOTICE DTD. 09.01.2025 UNDER SECTION 13(4) UNDER SARFAESI ACT AT ANNX-E AND SALE NOTICE DATED 07.04.2025 UNDER SECTION 13(4) UNDER SARFAESI ACT AT ANNX-F IN SO FAR AS PETITIONER IS CONCERNED AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER The petitioners who are the borrowers from the respondent-Canara Bank are before this Court being aggrieved by the issuance of sale notice dated 07.04.2025 under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'SARFAESI Act'). 2. Settled position of law is, any person including the borrower if aggrieved by the action taken by the respondent- Bank under Section 13 of the SARFAESI Act, will have to seek appropriate remedy under Section 17 of the SARFAESI Act. Same being effective and alternative remedy. 3. However, learned counsel for the petitioners submits that the auction of the residential property of the petitioners is - 3 - NC: 2025:KHC:18241 WP No. 14195 of 2025 scheduled to be held tomorrow and if the auction is confirmed, due to paucity of time, the petitioners be rendered remediless. 4. He submits that petitioners be reserved liberty to seek appropriate remedy under Section 17 of the SARFAESI Act within 60 days and till then some interim protection be granted. 5. Submission of the learned counsel is taken on record. 6. Writ petition is disposed of. Respondent - Bank may proceed with the auction, however, confirmation of the sale shall be deferred for a period of 30 days from today enabling the petitioners to seek appropriate remedy under Section 17 of the SARFAESI Act. It is made clear that if no such appeal is filed, the respondent-Bank shall proceed further in accordance with law. SD/- (M.G.S. KAMAL) JUDGE GVP List No.: 1 Sl No.: 176