- 1 - HC-KAR NC: 2025:KHC:18401 WP No. 15294 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 15294 OF 2025 (GM-RES) BETWEEN: 1. M/S. SANDS INFRATECH DEVELOPERS INDIA PVT. LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS OFFICE AT NO.5 SANDS PLAZA, 1ST FLOOR, VIGNANANAGAR MAIN ROAD BANGALORE-560 037 REPRESENTED BY ITS MANAGING DIRECTOR MR. SUNIL KUMAR V. …PETITIONER (BY SRI AMEYA FADNIS, ADVOCATE) AND: 1. M/S. PIRAMAL CAPITAL AND HOUSING FINANCE LTD. A PRIVATE LTD. COMPANY HAVING ITS OFFICE AT PIRAMAL TOWER A WING, GROUND FLOOR PENINSULA CORPORATE PARK GANPATRAO KADAM MARG LOWER PAREL, MUMBAI - 400 013 REP. BY ITS MANAGING DIRECTOR. Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18401 WP No. 15294 of 2025 2. M/S. JM FINANCIAL ASSET RECONSTRUCTION COMPANY LTD. A PRIVATE LTD. COMPANY HAVING ITS OFFICE AT NO.22 LLOYDS CENTRE POINT APPASAHEB MARATHE MARG PRABHADEVI, MUMBAI - 400 025 REP. BY ITS MANAGING DIRECTOR. 3. MR. SYED IQBAL, S/O SYED YOUSUF AGED ABOUT 57 YEARS R/AT NO.1355/1, SHAMPUR MAIN ROAD 2ND CROSS, SR. BLOCK DR. AMBEDKAR NAGAR BANGALORE - 560 045. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PUBLIC SALE/AUCTION NOTICE DATED 16.05.2025 (ANNEXURE-E) ISSUED BY THE 2ND RESPONDENT, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2025:KHC:18401 WP No. 15294 of 2025 ORAL ORDER 1. Second respondent is an Asset Reconstruction Company and as per the provisions of Section 5 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (for short 'the SARFAESI Act) had entered into an agreement with a secured creditor and pursuant to the same, the property which is the subject matter of the writ petition has been brought to sale. 2. The petitioner aggrieved by the auction notice issued, has challenged the instant writ petition and has prayed for the following reliefs:- "Wherefore, the Petitioner herein respectfully prays this Hon'ble Court be pleased to: 1. Issue a Writ of Certiorari or Order quashing the Public Sale/Auction Notice dated 16.05.2025 [Annexure - E] issued by the 2nd Respondent; 2. Issue a Writ of Mandamus or any other writ or direction or orders directing the 1st and 2nd - 4 - HC-KAR NC: 2025:KHC:18401 WP No. 15294 of 2025 Respondents to drop all proceedings against the Schedule Property; 3. Pass any such other orders deem fit with the interest of equity and justice." 3. Admittedly, appropriate proceedings have been initiated under various provisions of the SARFAESI Act and the property has been brought to sale. The petitioner if aggrieved, has an alternative and efficacious remedy under Section 17 of the SARFAESI Act against any action that has been initiated under Section 13(4) of the SARFAESI Act by the secured creditor. Further, the petitioner without challenging any of the said action by the secured creditor has sought to proceed only against respondent No.2, which has brought the property to sale and he is a private limited Company. 4. None of the respondents are a State for the purposes of Article 12 of the Constitution of India. Further, as the petitioner having an alternative and efficacious remedy, - 5 - HC-KAR NC: 2025:KHC:18401 WP No. 15294 of 2025 this court is not inclined to interfere in the action initiated by respondent No.2. 5. For the aforementioned reasons, the writ petition is hereby dismissed. 6. It is needless to state that the petitioner is having liberty to approach the appropriate forum in the manner to law to redress its grievances. 7. Pending interlocutory applications, if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 284