- 1 - HC-KAR NC: 2025:KHC:20668 WP No. 34961 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 34961 OF 2024 (GM-RES) BETWEEN: 1. SMT VIJAYAMMA W/O SARANA RAMANJANEYULU, AGED ABOUT 52 YEARS, 2. SRI SARANA RAMANJANEYULU S/O SARANA SRINIVASALU, AGED ABOUT 52 YEARS, BOTH ARE RESIDING DOOR NO.17/996, VENUGOPAL NAGAR MAIN ROAD, ANANTHAPUR TALUK ANANTHAPUR DISTRICT ANDRA PRADESH 515001 …PETITIONERS (BY SRI. SHRIDHARA K., ADVOCATE) AND: 1. M/S CAN FIN HOMES LTD ELECTRONIC CITY BRANCH, BANGALORE, KARNATAKA 560100. REPRESENTED BY ITS AUTHORIZED OFFICER. 2. MR. KARTHIK A., S/O SRI ANANTH KUMAR, AGED ABOUT 38 YEARS, RESIDING AT NO.22/52, LAKSHMI NIVAS, BRMARAMBA EXTENSION, 2ND CROSS, CHAMARAJANAGARA - 571313. …RESPONDENTS (BY SRI. D.NARAYANASWAMY., ADVOCATE FOR R-1; SRI. M.S.ASHWIN KUMAR., ADVOCATE FOR R-2) Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20668 WP No. 34961 of 2024 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASH THE AUCTION CONDUCTED BY R-1 M/S CAN FIN HOMES LTD. ELECTRONIC CITY BRANCH, BANGALORE IN RELATION TO LOAN ACCOUNT NO. 171225000154 AND THE SALE CERTIFICATE ISSUED ON 03.05.2024 IN FAVOR OF R-2 AS ANNEXURE-C, 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 The petitioner has sought for setting aside of the auction conducted by the respondent no.1 in relation to Loan Account No.171225000154 as well as sale certificate issued on 30.05.2024 in favour of respondent no.2. Certain consequential reliefs upon allowing of main reliefs at Annexure-A and B have also been sought. 2. Learned Counsel for petitioners submits that auction conducted by the respondent no.1 is without notice and without following the procedure prescribed. 3. It is further submitted that auction has been finalised on the basis of valuation which is less than the market value. - 3 - HC-KAR NC: 2025:KHC:20668 WP No. 34961 of 2024 4. Various other contentions have been raised. 5. Learned counsel appearing for the respondent- Bank submits that auction was conducted and sale certificate was issued on 30.05.2024 in favour of respondent no.2 and accordingly, the right of redemption is not available to the petitioner in light of the judgment of the Apex Court in the case of CELIR LLP v. BAFNA MOTORS (MUMBAI) PRIVATE LIMTED AND OTHERS reported in 2023 SCC Online SC 1209. 6. Learned counsel for second respondent submits that sale certificate has been issued, sale is registered, second respondent is in possession and katha has also been made out in the name of the second respondent. Further submission regarding defence of right of redemption as made out by the learned counsel for first respondent is also adopted. 7. Taking note of the undisputed facts and that auction is completed, sale certificate is issued and further - 4 - HC-KAR NC: 2025:KHC:20668 WP No. 34961 of 2024 developments have taken place and noticing the substantive alternate remedy open, petition is disposed off as not calling for any further adjudication. If there is any legal grievance of the petitioner relating to auction proceedings and sale certificate issued, it is for the petitioner to initiate appropriate proceedings as is permissible in law. 8. Needless to state, when such steps are taken in accordance with Section 17 of the SARFAESI Act, the time spent before this court would be taken note of appropriately while calculating the limitation. Any observation made herein shall not be construed as expression on merits of the matter. 9. Accordingly, the petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE NP List No.: 1 Sl No.: 75