- 1 - HC-KAR NC: 2025:KHC:25280 WP No. 20858 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 20858 OF 2024 (GM-RES) BETWEEN: 1. M/S TINTO GOLD MINING REPRESENTED BY ITS PARTNERS PETITIONERS NO.2 AND 3 CH 29, 7TH MAIN, 5TH CROSS SARASWATHIPURAM MYSORE - 570 009 (UNREGISTERED PARTNERSHIP FIRM) 2. MR ABHISHEK S MANEGAR S/O SUBBAPPA CH 29, DESHIKA 7TH MAIN, 5TH CROSS H BLOCK RAMAKRISHNA NAGAR SARASWATHIPURAM MYSORE - 570 009 3. MR SUBBAPPA CH 29 DESHIKA 5TH CROSS, H BLOCK RAMAKRISHNA NAGARA SARASWATHIPURAM MYSORE - 570 009 … PETITIONERS (BY SRI. PREREET JAIN B., ADVOCATE) Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25280 WP No. 20858 of 2024 AND: 1. THE CHIEF MANAGER CANARA BANK MID CORPORATE BRANCH BUILDING NO.40, SHIVARMPET NEW STATUE SQUARE MYSORE - 570 001 … RESPONDENT (BY SRI. VIGNESH SHETTY, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE SALE NOTICE DTD. 24.07.2024 AS PER RULE 8(6) AND 9 OF SECURITISATION (ENFORCEMENT) RULES 2002 NOTICE ISSUED BY THE RESPONDENT BANK TO THE PETITIONER AND ALL THE FURTHER PROCEEDINGS PURSUANT TO THE SAID NOTICE VIDE ANNEXURE-J 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 ORAL ORDER Petitioner has sought for setting aside of the sale notice at Annexure-J. Petitioner has also sought for setting aside of the possession notice dated 11.12.2023 at Annexure-H. - 3 - HC-KAR NC: 2025:KHC:25280 WP No. 20858 of 2024 2. A memo is filed on behalf of the respondent - Bank. It is submitted that the sale notice could not be carried to the logical end and no sale was conducted. It is further submitted that the respondent intends to withdraw the possession notice reserving liberty to take appropriate action under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'SARFAESI Act'). 3. Memo filed by the respondent reads as follows: "The advocate for respondent submits that sale not taken place and in respect of possession notice, the respondent is withdrawing the possession notice in view of some error and seeking permission to withdraw the possession notice and also seeking liberty to file fresh possession notice. The memo may be taken on record, in the interest of justice and equity." 4. In light of the said memo filed and stand taken, petition is disposed off as not calling for adjudication. Needless to state in the event any action is taken by the - 4 - HC-KAR NC: 2025:KHC:25280 WP No. 20858 of 2024 respondent, petitioner has to avail of the substantive remedy under the SARFAESI Act. Sd/- (S SUNIL DUTT YADAV) JUDGE VP