- 1 - NC: 2025:KHC:1477 WP No. 33625 of 2024 C/W WP No. 29290 of 2024 WP No. 33629 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 33625 OF 2024 (GM-RES) C/W WRIT PETITION NO. 29290 OF 2024 (GM-RES) WRIT PETITION NO. 33629 OF 2024 (GM-RES) IN WP No. 33625/2024 BETWEEN: 1. SMT K CHANDRIKA D/O SRI. KOTHANDARAMA, AGED 58 YEARS, R/A NO.58 KATRIGUPPE, BSK III STAGE, WARD 54 SRINIVASANAGAR, BENGALURU-560050. 2. SRI. Y R RAMESH REDDY, S/O SRI LATE RAMAKRISHNA REDDY, AGED 63 YEARS, R/A NO.219, 10TH C MAIN ROAD, 1ST BLOCK, JAYANAGAR, BANGALORE-560011 …PETITIONERS (BY SMT. SANDHYA U PRABHU., ADVOCATE) AND: THE AUTHORIZED OFFICER / MANAGER CANARA BANK, BTM LAYOUT BRANCH, NO.28/29, 18TH MAIN, 7TH CROSS, BTM II STAGE, Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1477 WP No. 33625 of 2024 C/W WP No. 29290 of 2024 WP No. 33629 of 2024 BENGALURU-560076. …RESPONDENT (BY SMT. NATASHA N MURTHY., ADVOCATE FOR SRI. VIGNESH SHETTY., ADVOCATE) THIS W.P. IS FILED UNDER ARTILCE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF THE LEARNED 37TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE IN CLR.MISC.NO. 9148/2024 DTD. 03.12.2024 PRODUCED AT ANNX-C IN SO FAR AS PETITIONER IS CONCERNED AND ETC. IN WP NO. 29290/2024 BETWEEN: SRI Y R RAMESH REDDY S/O SRI LATE RAMAKRISHNA REDDY AGED 63 YEARS R/A NO. 219, 10TH C MAIN ROAD 1ST BLOCK, JAYANAGAR BANGALORE 560011 ...PETITIONER (BY SMT. SANDHYA U PRABHU., ADVOCATE) AND: THE AUTHORIZED OFFICER/MANAGER CANARA BANK, BTM LAYOUT BRANCH NO. 28/29, 18TH MAIN 7TH CROSS BTM II STAGE BENGALURU 560076 ...RESPONDENT (BY SMT. NATASHA N MURTHY., ADVOCATE FOR SRI. VIGNESH SHETTY., ADVOCATE) THIS W.P. IS FILED UNDER ARTILCE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE NOTICE ISSUED BY THE RESPONDENT BANK DTD 21.10.2024 BEARING REF.BTM/SN/05/2024-25 PRODUCED - 3 - NC: 2025:KHC:1477 WP No. 33625 of 2024 C/W WP No. 29290 of 2024 WP No. 33629 of 2024 AT ANNEXURE-K IN SO FAR AS PETITIONER IS CONCERNED INCLUDING AWARDING COSTS GRANT AN INTERIM ORDER TO PENDING DISPOSAL OF THE ABOVE WP TO DIRECT THE RESPONDENT BANK NOT TO CONFIRM THE SALE NOTICE ISSUED BY THE RESPONDENT BANK DTD 21.10.2024 BEARING REF. BTM/SN/05/2024-25 PRODUCED AT ANNEXURE-K AND ETC. IN WP NO. 33629/2024 BETWEEN: SRI Y R RAMESH REDDY S/O SRI LATE RAMAKRISHNA REDDY, AGED 63 YEARS R/A NO.219, 10TH C MAIN ROAD, 1ST BLOCK, JAYANAGAR, BANGALORE-560011 ...PETITIONER (BY SMT. SANDHYA U PRABHU.,ADVOCATE) AND: THE AUTHORIZED OFFICER/MANAGER CANARA BANK BTM LAYOUT BRANCH, NO.28/29, 18TH MAIN, 7TH CROSS, BTM II STAGE, BENGALURU-560076. ...RESPONDENT (BY SMT. NATASHA N MURTHY., ADVOCATE FOR SRI. VIGNESH SHETTY., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION DTD. 07.12.2024 GIVEN BY THE PETITIONER PRODUCED AT ANNX-M IN SO FAR AS PETITIONER IS CONCERNED AND ETC. - 4 - NC: 2025:KHC:1477 WP No. 33625 of 2024 C/W WP No. 29290 of 2024 WP No. 33629 of 2024 THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER On 18.12.2024, in W.P.No.33629/2024 the following order was passed: “The petitioner to deposit a sum of Rs.1.5 Crore on or before 31.12.2024, and another sum of Rs.2 Crore on or before 31.01.2025. Failure to deposit the amount stipulated above will entitle the respondent-Bank to proceed against the petitioner in accordance with law. In the event, petitioner in W.P.No.33625/2024 fails to comply with the interim order, the interim granted by this Court automatically stands vacated, and the respondent-Bank is at liberty to proceed against the petitioner herein. List this matter along with W.P.No.33625/2024 and WP.No.29290/2024 on 06.02.2025.” 2. Learned Counsel for the respondent-Bank submits that the directions issued by this Court have not been complied. Learned Counsel would further submit that this is the third round of petitions that are filed at the hands of - 5 - NC: 2025:KHC:1477 WP No. 33625 of 2024 C/W WP No. 29290 of 2024 WP No. 33629 of 2024 the borrowers/guarantors. Earlier too, such an undertaking was given before this Court in W.P.No.23125/2024 and the writ petition was disposed of permitting the petitioner to comply with the undertaking given before this Court and make necessary payments with the respondent-Bank. However, on failure on the part of the petitioners, the respondent-Bank has proceeded to auction the property/secured assets. The successful bidder has deposited 25% of the bid amount and since there were orders of stay passed by this Court, the bidder is not permitted to deposit the balance amount. 3. Learned Counsel for the petitioners, however, seeks to submit that there was some clarification required to the order dated 18.12.2024 that on deposit of the amount of Rs.3.5 crores at the hands of a buyer who would be identified by the petitioners, the title deeds should be released to the petitioners. It is further submitted that the petitioners are due to receive more - 6 - NC: 2025:KHC:1477 WP No. 33625 of 2024 C/W WP No. 29290 of 2024 WP No. 33629 of 2024 than Rs.2 crores from the State Government for the works they have already executed. 4. Having regard to the fact that earlier too, such a petition was filed by the petitioners and the undertaking given before this Court have not been complied and the fact that the respondent-Bank has proceeded to auction the property/secured assets, no indulgence can be shown by this Court. The petitioners, of course, may approach the Debts Recovery Tribunal for redressal of their grievance. 5. Consequently, all the three writ petitions stand dismissed. Sd/- (R DEVDAS) JUDGE JT/- CT: JL