- 1 - HC-KAR NC: 2025:KHC:23215 WP No. 29739 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 29739 OF 2024 (GM-RES) BETWEEN: 1. MR MANJUNATH N S/O MR. KENCHEGOWDA NINGARAJ, AGED ABOUT 40 YEARS, R/AT NO.22, 60 FT ROAD, BYRAVANAGAR, DUBASIPALYA VILLAGE, VALAGERAHALLI DHAKLE, R.V.COLLEGE POST, BENGALURU-560059. 2. MR SATHISHA S/O MR.KENCHEGOWDA NINGARAJ, AGED ABOUT 39 YEARS, R/AT NO.22, 60 FT ROAD, BYRAVANAGAR, DUBASIPALYA VILLAGE, VALAGERAHALLI DHAKLE, R.V.COLLEGE POST, BENGALURU-560059. …PETITIONERS (BY SRI. M Y LOKESHA., ADVOCATE) AND: 1. INDIAN OVERSEAS BANK ARM BRANCH, NO 10/1, 3RD FLOOR, LAKSHMINARAYAN COMPLEX, PALACE ROAD, VAS NAGAR, BENGALURU 560052 REP BY ITS AUTHORIZED OFFICER. …RESPONDENT (BY SRI. M R SHASHIDHARA., ADVOCATE FOR C/RESPONDENT) Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23215 WP No. 29739 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE SALE NOTICE DATED 08.07.2024 ISSUED BY THE RESPONDENT BANK AS PER ANNEXURE-A HOLDING THE SAME IS ILLEGAL. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 dated 08.07.2024 issued by the respondent - Bank. 2. Respondent - Bank has filed a memo and submits that the auction sale has not reached a logical end in light of the auction purchaser backing out due to continuance of the litigation. 3. In light of the same, petition is disposed off as not calling for adjudication. It is however necessary to notice that if the respondent - Bank takes any steps or measures in terms of Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (for short 'SARFAESI Act'), remedy for the petitioner would be to approach the DRT in terms - 3 - HC-KAR NC: 2025:KHC:23215 WP No. 29739 of 2024 of Section 17 of the Act taking note of the law laid down in the case of Union Bank of India v. Satyawati Tondon and Others - (2010) 8 SCC 110. 4. 4. In light of relegation of the petitioner to avail of the substantive remedy, respondent - Bank not to take any precipitative steps for a period of 3 weeks from the date of measure under Section 13 of the Act. Needless to state, it is for the petitioner to make a request to settle the entirety of dues and it is for the respondent - Bank to consider the same in terms of Rules and Schemes in force. 5. Accordingly, petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE VP