- 1 - NC: 2025:KHC:11117 WP No. 30522 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 30522 OF 2024 (GM-RES) BETWEEN: 1. SMT. NALINA T.P. W/O LATE HANUMESH AGE 74 YEARS OCCUPATION: AGRICULTURE R/O H.NO. 30/328/310, KOMANAHALLI VILLAGE, CHANNAPATNA TALUKA, RAMANAGARA DISTRICT - 562 160. 2. SHRI. SANTHOSH KUMAR T, S/O LATE HANUMESH AGED 47 YEARS OCCUPATION: AGRICULTURE R/O H.NO. 30/328/310, KOMANAHALLI VILLAGE, CHANNAPATNA TALUKA, RAMANAGARA DISTRICT - 562 160. 3. SRI. SANJEEV KUMAR T S/O LATE HANUMESH AGED 45 YEARS OCCUPATION: AGRICULTURE R/O H.NO. 30/328/310, KOMANAHALLI VILLAGE, CHANNAPATNA TALUKA, RAMANAGARA DISTRICT - 562 160. …PETITIONERS (BY SRI. SANTOSH PUJARI, ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:11117 WP No. 30522 of 2024 AND: THE CHIEF MANAGER / AUTHORIZED OFFICER "UNION BANK OF INDIA" R/O NO. 2911/4-10, B M ROAD, CHANNAPATNA DISTRICT, RAMANAGAR - 562 160. …RESPONDENT (BY SMT. DIVYA PURANDAR, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE IMPUGNED ORDER DATED 11.09.2024 PASSED BY THE COURT OF HONBLE PRINCIPAL CIVIL JUDGE AND CJM AT RAMANAGAR IN CRL. MISCELLANEOUS PETITION NO. 78/2024 VIDE ANNX-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri. Santosh Pujari, learned counsel appearing for the petitioners, Smt. Divya Purandar, learned counsel appearing for the respondent and have perused the material on record. - 3 - NC: 2025:KHC:11117 WP No. 30522 of 2024 2. The petitioners are before this Court, seeking the following prayers: "A) Issue a writ in the nature of certiorari or any other writ or order setting aside the impugned order dtd:11/09/2024 passed by the Court of Hon'ble Principal Senior Civil Judge & CJM, at Ramanagara in Criminal Miscellaneous Petition No. 78/2024, vide Annexure-A. B) Pass any such other order or orders as the Hon'ble Court may deem fit in the facts and circumstances of the case." 3. The challenge in the case at hand is to an order of the learned Magistrate passed under Section 14 of the SARFAESI Act, 2002. The petitioners in the case at hand are the borrowers, who borrow the finance of Rs.35.00 lakhs and defaults in payment. The loan becomes sticky and the respondent - Bank has initiated proceedings under the SARFAESI Act, 2002 and has now secured an order of possession from the hands of the learned Magistrate. The properties now put to sale, the sale of which, is slated to be held on 27.03.2025. The petitioners submit a representation to the Bank on 11.11.2024, seeking one-time settlement. - 4 - NC: 2025:KHC:11117 WP No. 30522 of 2024 4. Learned counsel for the respondent - Bank submits the policy of one-time settlement is not available today and it is considered on a case to case basis. She further contends that in the offer made, there is no particular amount also said, it is vague and therefore, the same has been rejected. 5. In the light of the order passed in W.P.Nos.4343/2025 and 30509/2024 and for the reasons recorded therein, I deem it appropriate to direct the Bank to consider the case of the petitioners for grant of a one-time settlement strictly in consonance with law, it shall not be construed to be a positive direction. The sale that is slated to be held on 27.03.2025 of the subject property shall be deferred, subject to the condition that the petitioners would pay Rs.5.00 lakhs to the Bank on or before 26.03.2025. 6. In that light, before the intended date of auction i.e., 27.03.2025, the petitioners shall deposit Rs.5.00 lakhs to the Bank. 7. In the event the said deposit comes about, the auction shall be deferred. - 5 - NC: 2025:KHC:11117 WP No. 30522 of 2024 8. In the event the petitioners would not deposit the amount, the Bank is at liberty to proceed with the auction. With the aforesaid observations, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 0 CT: BHK