- 1 - NC: 2025:KHC:9432 WP No. 35178 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 35178 OF 2024 (GM-RES) BETWEEN: 1. SRI K.P.DEVAIAH S/O SRI POOVAIAH K.G., AGED 56 YEARS RESIDING AT SRINIDHI NILAYA, 3RD CROSS, GREEN WOOD LAYOUT, IIND PHASE, VARNASI ROAD K.R.PURAM BENGALURU – 560 036. 2. SMT.K.D.RAMYA W/O SRI K.P.DEVAIAH AGED 46 YEARS RESIDING AT SRINIDHI NILAYA, 3RD CROSS, GREEN WOOD LAYOUT, IIND PHASE, VARNASI ROAD K.R.PURAM BENGALURU – 560 036. …PETITIONERS (BY SMT. SANDHYA U. PRABHU, ADVOCATE) AND: THE AUTHORIZED OFFICER CITY UNION BANK LTD., MALLESHWARAM BRANCH Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:9432 WP No. 35178 of 2024 13TH CROSS, MARGOSA ROAD, MALLESHWARAM BENGALURU – 560 003. …RESPONDENT (BY SRI PRAKASH HEGDE K., ADVOCATE FOR C/R; SRI KALYAN BASAVARAJ, ADVOCATE FOR IMPLEADING APPLICANT ON IA 1/25) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH SALE NOTICE ISSUED BY RESPONDENT BANK TO THE PETITIONERS DTD 04.12.2024 IN RESPECT OF SCHEDULE PROPERTY PRODUCED AT ANNX-B. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court calling in question a notice of sale of the property of the petitioners which was a secured credit at the hands of the secured creditor, the respondent/Bank. 2. Heard Smt Sandhya U Prabhu, learned counsel appearing for petitioner and Sri Prakash Hegde K, learned counsel appearing for respondent/Bank. - 3 - NC: 2025:KHC:9432 WP No. 35178 of 2024 3. This Court owing to the submissions made by the learned counsel for the petitioners had passed the following order on 21-02-2025: “Learned counsel for the petitioners has filed a memo along with copies of the four demand drafts drawn in the name of the petitioners in the account of the respondent-Bank. Learned counsel submits that in compliance with the directions issued by this Court on 20.12.2024, a sum of Rs.1 Crore was already deposited by the petitioners on 13.01.2025, and the balance of Rs.1,65,00,000/- was required to be deposited on or before 15.02.2025. However, by order dated 14.02.2025, interim order granted earlier was extended till the next date of hearing. It is submitted that the petitioners had some difficulty having regard to the blockage of the pan card of the petitioners and therefore, the amount could not be deposited before 15.02.2025. Nevertheless, it is submitted that since the entire outstanding amount of Rs. 1,65,00,000/- as directed by this Court is ready with the petitioners in the form of demand drafts, necessary directions must be issued to the respondent to receive the same. ORDER ON I.Α.Νο.1/2025 Learned counsel Sri.Kalyan Basavaraj, submits that he has filed an impleading application on behalf of the auction purchaser Manish C.Shah. The application in I.A.No.1/2025 is allowed. The impleading applicant is permitted to come on record. Learned counsel of the petitioners shall carry out the amendment in the cause title. Re-list this matter on 05.03.2025 to enable the respondent-Bank to place information before this Court as to the outstanding amount payable to the petitioners. The petitioners are permitted to deposit the demand drafts and the respondent bank is directed to receive the same and have it deposited into the accounts. - 4 - NC: 2025:KHC:9432 WP No. 35178 of 2024 Interim order granted earlier stands extended till the next date of hearing.” The order was passed in the teeth of the impleading application filed by the successful bidder. The order has been complied with by deposit of the entire amount by the petitioners is the submission of the learned counsel appearing for the respondent/Bank. In that light the grievance of the petitioners stands redressed. All that remains now is the return of the deposit that the auction purchaser had made to the Bank. 4. Learned counsel appearing for the Bank would submit that the demand draft is ready and the amount would be refunded to the auction purchaser without any delay. 5. In that light, petition stands disposed with a direction to the Bank to refund the amount that is deposited by the auction purchaser, within one week from the date of receipt of the copy of this order. Ordered accordingly. - 5 - NC: 2025:KHC:9432 WP No. 35178 of 2024 Consequently, pending applications if any, also stand disposed. Sd/- ______________________ JUSTICE M.NAGAPRASANNA BKP List No.: 1 Sl No.: 76