- 1 - NC: 2025:KHC-D:5960 WP No. 100358 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO.100358 OF 2025 (GM-RES) BETWEEN: M/S. SHREE VENKATESH AND COMPANY, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT: GANESH TEMPLE ROAD, MUDHOL, BAGALKOT DISTRICT, KARNATAKA, REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR. SUBAS BENAKATTI. … PETITIONER (BY SRI. S.B. HEBBALLI, ADVOCATE FOR SRI. PRANAV UMESH BADAGI, ADVOCATE) AND: 1. BANK OF INDIA, THROUGH ITS CHIEF MANAGER AND AUTHORIZED OFFICER, ASSET RECOVERY BRANCH-BENGALURU ZONE, NO.11, 1ST FLOOR, BANK OF INDIA, KEMPEGOWDA ROAD, BENGALURU-560 009. 2. THE CHIEF MANAGER, BANK OF INDIA, MUDHOL BRANCH, OPPOSITE TO CMC OFFICE, NEAR MAIN BUS STAND, MUDHOL-587 313. 3. THE CHAIRMAN AND MANAGING DIRECTOR, BANK OF INDIA, HEAD OFFICE, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5960 WP No. 100358 of 2025 STAR HOUSE, C-5, G BLOCK, BANDRA KURLA COMPLEX, MUMBAI-400 051. … RESPONDENTS (BY SRI. S.S. NAGANAND, SENIOR COUNSEL FOR SRI. K.L. PATIL, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.S.B.Hebballi., counsel on behalf of Sri.Pranav Umesh Badagi., for the petitioner has appeared in person. Sri.S.S.Naganand., Senior Counsel on behalf of Sri.K.L.Patil., for the respondents has appeared through video conferencing. 2. The captioned Writ Petition is filed seeking certain reliefs: 3. The possession notice and notice under Section 13(2) of the SARFAESI Act are called into question in this Writ Petition on several grounds as set out in the Memorandum of Writ Petition. - 3 - NC: 2025:KHC-D:5960 WP No. 100358 of 2025 4. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 5. This Court vide order dated 20.01.2025 had granted interim order subject to the condition that the petitioner would deposit Rs.10 lakhs in the next four weeks, Rs.10 lakhs four weeks thereafter and another Rs.25 lakhs in the next four weeks. Senior Counsel on instructions submits that the petitioner has not complied with the interim order and sale certificate has been issued on 28.03.2025. Hence, the petition does not survive for consideration as of today. Therefore, Senior Counsel submits that an appropriate order may be passed. 6. Submission is placed on record. The possession notice and notice under Section 13(2) of the SARFAESI Act cannot be called into question by invoking the Writ jurisdiction. Moreover, the auction has already been held and sale certificate has been issued on 28.03.2025. Hence, I decline to exercise power under Writ jurisdiction. - 4 - NC: 2025:KHC-D:5960 WP No. 100358 of 2025 7. Resultantly, the Writ Petition is rejected. Because of the rejection of the Writ Petition, all pending interlocutory applications, if any are disposed of, and the interim order, if any granted by this Court stands discharged. Sd/- (JYOTI MULIMANI) JUDGE RH LIST NO.: 2 SL NO.: 10