- 1 - HC-KAR NC: 2025:KHC:19048 WP No. 15831 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 15831 OF 2025 (GM-RES) BETWEEN: M/S DIBBER SCHOOLS INDIA PVT. LTD., HAVING REGISTERED OFFICE AT HD-008, WE WORK SEAWOODS GRAND CENTRAL, 10TH FLOOR, 1, SECTOR 40, NAVI MUMBAI, THANE, MUMBAI, MAHARASHTRA - 400 706. HAVING ALTERNATIVE ADDRESS AT 2ND FLOOR, INDIQUBE LEXINGTON TOWERS, TAVAREKERE MAIN ROAD, TAVAREKERE, BANGALORE, KARNATAKA - 560 029. REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE LAGNAJIT MOHANTY S/O SRI BIDHAN CHANDRA MOHANTY, AGED ABOUT 41 YEARS RESIDING AT FLAT NO-103, BUILDING NO 17 J AVENUE, RUSTAMJEE GLOBAL CITY, NEAR YAZOO PARK, VIRAR (WEST), PALGHAR, MAHARASHTRA - 401 303. …PETITIONER (BY SRI. CHANDAN SANJAY BHAT, ADVOCATE) Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19048 WP No. 15831 of 2025 AND: 1. THE AUTHORISED OFFICER/GENERAL MANAGER, SRI GURU RAGHAVENDRA SAHAKARA BANK (N) NO. 15 SUBBARAMA CHETTY ROAD, NETTAKALAPPA, CIRCLE, BASAVANAGUDI, BANGALORE - 560 004. 2. MR. C.R. ASHOK, S/O SRI CHINNASWAMY RAJU, AGED ABOUT 62 YEARS, RESIDING AT NO 71, 14TH CROSS, 19TH MAIN ROAD, 2ND PHASE, J.P. NAGAR, BANGALORE - 560 072. ALSO AT NO. 24/41, 1ST FLOOR, 33RD A CROSS, 11TH MAIN, 4TH T BLOCK JAYANAGAR, BANGALORE - 560 041. …RESPONDENTS (BY SRI. VIKRAM UNNI RAJAGOPAL, ADVOCATE FOR 1) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE E- AUCTION NOTICE DATED 04/05/2025 VIDE (ANNEXURE-A AND A1) ISSUED BY THE R1 AND DECLARE THE SAME TO BE BAD IN LAW AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV - 3 - HC-KAR NC: 2025:KHC:19048 WP No. 15831 of 2025 ORAL ORDER Learned counsel Sri Vikram Unni Rajagopal undertakes to appear for respondent No.1 - Bank and submits that even otherwise the present petition is not maintainable as a substantive alternative remedy available. Learned counsel for the petitioner files a memo which reads as here under: "1. It is submitted that the Petitioner herein had challenged the "E" auction notice dated 04/05/2025 issued by the Respondent No.1 SRI GURU RAGHAVENDRA SAHAKARA BANK (N) seeking to auction the mortgaged property on 06/06/2025 by fixing an EMD of Rs 1,94,40,000 (Rupees One Crore Ninety-four Lakhs and Forty thousand Only). 2. It is submitted that the Respondent No.1 bank has informed this Hon'ble Court that the E-auction would not take place on 06/06/2025 since no one came forward to pay the EMD of Rs 1,94,40,000 (Rupees One Crore Ninety-four Lakhs and Forty thousand Only) on or before 03/06/2025 and therefore the present Writ Petition is in-fructus. - 4 - HC-KAR NC: 2025:KHC:19048 WP No. 15831 of 2025 3. Therefore, under these circumstances, the Petitioners humbly pray that they may be permitted to withdraw the present Writ Petition with a liberty to approach this Hon'ble court under changed circumstances if any at a later stage, in the interest of Justice and Equity." In light of the same, petition is dismissed. All contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 1 Sl No.: 27 CT: BHK