- 1 - NC: 2025:KHC:1992 WP No. 18883 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 18883 OF 2021 (GM-RES) BETWEEN: 1. D.P.NARAYANASWAMY S/O PILLAPPA, AGED ABOUT 78 YEARS, R/AT NO.B-602, BRIGADE OMEGA APARTMENT, 80 FEET ROAD, THURAHALLI, BANASHANKARI 6TH STAGE, THURAHALLI FOREST, BENGALURU-560 062. 2. SMT PAVITHRA D N D/O D P NARAYANASWAMY, W/O RANGANATHA N, AGED ABOUT 36 YEARS, R/AT NO.24, CANARA BANK ROAD, VALLABHA NAGAR, KONANKUNTE CROSS, BENGALURU-560 052. 3. SMT BHARATHI D N D/O D P NARAYANASWAMY, W/O CHANDRASHEKAR C, AGED ABOUT 46 YEARS, R/AT NO.A-21, CENTURY CORBEL APARTMENTS, SHANKAR NAGAR, BENGALURU-560 092. …PETITIONERS (BY SRI. SRI. H.N.VASUDEVAN., ADVOCATE) AND: 1. AUTHORIZED OFFICER, THE TUMKUR GRAIN MERCHANTS CO-OPERATIVE BANK LIMITED, Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:1992 WP No. 18883 of 2021 ADMINISTRATIVE OFFICE AT 2ND FLOOR, 2ND CROSS, ESI ROAD, 4TH BLOCK, RAJAJINAGAR, BENGALURU-560 010. 2. SRI SRIDHAR CHILIKURI S/O KRISHNA MURTHY CHILIKURI, AGED ABOUT 52 YEARS, R/AT NO.A-702, N.R.ORCHID GARDEN, RACHENAHALLI, DR SHIVARAMA KARANTH NAGAR, BENGALURU NORTH-560 077. 3. SRI SOMA REDDY S/O LATE MUNISHYAM REDDY, AGED ABOUT 52 YEARS, R/AT NO.3C-309, 3RD MAIN, 3RD CROSS, VINAYAKA TEMPLE CROSS, KAMMANAHALLI MAIN ROAD, BENGALURU-560 084. 4. SRI ANNAYAPPA D S/O LATE DODDAMUNINAGAREDDY, AGED ABOUT 44 YEARS, R/AT NO.19./2, 14TH CROSS, HRBR LAYOUT, BENGALURU-560 084. 5. SRI MADHUSUDHAN S S/O SOMAREDDY, AGED ABOUT 26 YEARS, R/AT NO.3C-309, 3RD MAIN, 3RD CROSS, VINAYAKA TEMPLE CROSS, KAMMANAHALLI MAIN ROAD, BENGALURU-560 084. 6. SRI NAGABUSHAN MUNI RAJU REDDY S/O SRI MUNI RAJU REDDY, AGED ABOUT 34 YEARS, R/AT FLAT NO.410, FOURTH FLOOR, NAVA ATHITHI GRAND, NEAR BBMP OFFICE, HORAMAVU, BENGALURU-560 043. - 3 - NC: 2025:KHC:1992 WP No. 18883 of 2021 7. MRS SHIFA NOOREIN W/O MR SHAHEED SHAHZADHA, AGED ABOUT 27 YEARS, R/AT S.N.M.SCHOOL ROAD, NEAR NOORIE SCHOOL, ANDERSONPET, KGF KOLAR-563 113. 8. SRI RAVICHANDRA KENCHAPPA S/O KENCHAPPA, AGED ABOUT 44 YEARS, R/AT NO.21, 18TH CROSS, KANAKANAGAR, BENGALURU NORTH-560 032. …RESPONDENTS (BY SRI. K.V.LOKESH., ADVOCATE FOR C/R1; SMT. ANUPAM AGARWAL., ADVOCATE FOR C/R7; SMT. SANGEETA PUJAR., ADVOCATE FOR C/R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.H.N.Vasudevan., counsel for the petitioners and Sri.K.V.Lokesh., counsel for respondent No.1 have appeared in person. 2. The Sale Certificates dated 10.08.2021, 12.08.2021, 09.02.2021 and 15.12.2020 vide Annexures-J, K, L and M are called into question in this Writ Petition on several grounds as set-out in the Memorandum of Writ Petition. - 4 - NC: 2025:KHC:1992 WP No. 18883 of 2021 3. Counsel Sri.H.N.Vasudevan., in presenting his arguments strenuously urged that there are certain irregularities in respect of the valuation of the properties that were auctioned. He argued by saying that there is non- compliance of Rule 8(5) of the Security Interest (Enforcement) Rules. By way of reply, counsel Sri.K.V.Lokesh., for respondent No.1 submits that there is an alternate, statutory remedy under Section 17 of the SARFAESI Act to file an appeal before the Debts Recovery Tribunal. Counsel therefore, submits that an appropriate order may be passed. 4. Heard the arguments and perused the Writ papers with care. 5. Taking note of the submission made by counsel for the respective parties, this Court deems it proper to direct the petitioners to avail alternate, statutory remedy before the appropriate forum in accordance with the law if so advised. 6. Resultantly, the Writ Petition is disposed of. - 5 - NC: 2025:KHC:1992 WP No. 18883 of 2021 This Court has not expressed any opinion on the merits of the case. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 14