- 1 - HC-KAR NC: 2025:KHC:20676 WP No. 14663 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 14663 OF 2025 (GM-RES) BETWEEN: 1. SRI HARISH S S/O LATE SRI SRINIVASA @ ALIAS SEENAPPA, AGED ABOUT 39 YEARS, RESIDING AT SITE NO. 32, SY NO. 322/2, MARUTHINAGAR, RK LAYOUT, BAGALUR MAIN ROAD, SARJAPURA VILLAGE, HOBLI, ANEKAL BANGALORE. 562125 …PETITIONER (BY SRI. MOHAMMED AFROZE., ADVOCATE) AND: 1. CANARA BANK ATTIBELE BRANCH, OFFICE AT NO. 728 A SREE LAXMICOMPLEX, SARJAPURA ROAD, ATTIBELE ANEKAL TALUK BANGALORE 562107. REGISTERED UNDER BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT 1970 …RESPONDENT (BY SRI. VIKRAM UNNI RAJAGOPAL., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASH OR SET ASIDE THE IMPUGNED E-AUCTION SALE NOTICE NO. SN/04297830000102/3468/24-25 DTD 24.04.25 ISSUED BY RESPONDENT AT ANNEXURE-A, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20676 WP No. 14663 of 2025 ORAL ORDER Learned counsel appearing for the respondent files a memo and submits that the relief sought for does not survive for consideration, as the challenge in the writ petition was relating to e-auction Sale Notice which did not materialize due to absence of bidders. However, it is submitted that even otherwise, the petitioner has a substantive remedy under Section 17 of the SARFAESI Act. 2. The memo is taken on record. It reads as follows:- "The respondent respectfully submits as under:- It is respectfully submitted that there were no bidders in relation to the impugned Sale Notice and the Writ Petition has been rendered infructuous. Wherefore, it is prayed that this Hon'ble Court may be pleased to receive the present memo on record, in the interest of justice." - 3 - HC-KAR NC: 2025:KHC:20676 WP No. 14663 of 2025 3. In light of the memo filed and submission made, the petition is disposed off. 4. The contention relating to substantive alternative remedy is also a matter to be considered in the event of similar challenge directly by way of Writ Petition before this Court. All contentions kept open. SD/- (S SUNIL DUTT YADAV) JUDGE VGR