- 1 - NC: 2025:KHC:18270 WP No. 14222 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 14222 OF 2025 (GM-RES) BETWEEN: 1. MR R LINGAPPA S/O. R. NARASAIAH, AGED ABOUT 54 YEARS, 2. MRS. L. LALITHAMMA, W/O. MR. R. LINGAPPA, AGED ABOUT 52 YEARS. BOTH THE PETITIONER NO.1 & 2 ARE R/AT NEAR RAMAIAH THOTA, KARENAHALLI, DODDABALLAPUR - 561 203. 3. MR. D. JAYAPRAKASH, S/O. D. KRISTAPPA, AGED ABOUT 56 YEARS, R/AT NEAR SARASWATHI SCHOOL ROAD, KARENAHALLI, DODDABALLAPUR 561 203. 4. MR. K. GOVINDAPPA, S/O. M. K. CHINNARODDAPPA, AGED ABOUT 57 YEARS, R/AT D. NO. C 82, OPP: GANESHA TEMPLE, KARENAHALLI, DODDABALLAPUR - 561 203. 5. MR. NARESHBABU S/O. MR. R. LINGAPPA, AGED ABOUT 38 YEARS, R/AT NO.141, BESIDE CABLE RAMESH HOUSE KARENAHALLI, Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18270 WP No. 14222 of 2025 DODDABALLAPURA 561 203 …PETITIONERS (BY SMT. KAVITHA D.,ADVOCATE) AND: M/S THE KARUR VYSYA BANK LTD., (REGISTERED UNDER THE COMPANIES ACT, 1956) ASSET RECOVERY BRANCH, DIVISIONAL OFFICE BUILDING, NO.6, SHRI VASAVI TEMPLE ROAD, NEAR SAJJAN RAO CIRCLE, VV PURAM, BENGALURU - 560 004. IFSC CODE KVBL0001343 REPRESENTED BY ITS AUTHORIZED OFFICER. …RESPONDENT (BY SRI. VIGNESH SHETTY.,ADVOCATE FOR C/RESPONDENT) THIS WRIT PETITION IS FILED UNDER SECTION 226 OF THE CONSTITUION OF INDIA PRAYING TO SET ASIDE THE SALE NOTICE FOR SALE OF IMMOVABLE PROPERTIES DATED 28-04-2025 VIDE ANNEXURE-P AND THE SECTION 14 ORDER DATED 17-10-2023 PASSED BY THE LEARNED CJM, BENGALURU IN CRL.MISC. NO.1062/2023 VIDE ANNEXURE-C ISSUED BY THE RESPONDENT BANK STATING THAT THE ENTIRE RECOVERY PROCEEDINGS INITIATED BY THE RESPONDENT BANK AGAINST THE SCHEDULE PROPERTY ARE ILLEGAL AND IN VIOLATION OF THE PROVISIONS OF THE SARFAESI ACT, 2002. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL - 3 - NC: 2025:KHC:18270 WP No. 14222 of 2025 ORAL ORDER Petitioner is before this Court being aggrieved by the auction notice issued by the respondent-Bank in terms of provision of SARFAESI Act, which is scheduled to be held today. 2. Learned counsel for the petitioners submits that the petitioner is ready and willing to deposit 10% of the auction amount. 3. Learned counsel for the respondent- Bank appearing through video conference submits that auction has already been taken place and sale has been conducted. 4. She further submits even an on earlier occasion the petitioner has also made similar assurance but failed to comply with the terms of the order granted by this Court. 5. Be that as it is. Since alternate remedy of filing appeal is provided and since the auction is already taken place, petition is disposed of, reserving liberty to the petitioner to avail such remedy as provided under law. SD/- (M.G.S. KAMAL) JUDGE RU, List No.: 1 Sl No.: 194