- 1 - NC: 2025:KHC:1432 WP No. 35797 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. 35797 OF 2024 (GM-RES) BETWEEN: MR. G. LOKESH AGED ABOUT 40 YEARS, S/O LATE GANGAIAH, NO. 53, 5TH CROSS, BYRASANDRA, 1ST BLOCK EAST, JAYANAGAR, BENGALURU – 5600011. …PETITIONER (BY SRI. RUDRABHUSHAN C B., ADVOCATE) AND: THE AUTHORIZED OFFICER AUTHORIZED OFFICER, CANARA BANK, ARM BRANCH II 2ND FLOOR, CIRCLE OFFICE, SPENCER TOWERS, NO. 86, M G ROAD, BENGALURU 560001. REPRESENTED BY ITS AUTHORIZED OFFICER MR. RANJAN KUMAR. …RESPONDENT (BY SMT. NATASHA N MURTHY., ADVOCATE FOR SRI. VIGNESH SHETTY., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYINTG TO ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT-BANK TO CONSIDER THE REPRESENTATION/NOTICE/LETTER DATED 20.12.2024 VIDE ANNEXURE-A GIVEN BY PETITIONER WITHIN THE TIME STIPULATED BY THIS HONBLE COURT FROM THE DATE OF RECEIPT OF ORDER OF THIS HONBLE COURT AND ETC. Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1432 WP No. 35797 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned Counsel for the respondent-bank submits that the petitioner has already approached the Debts Recovery Tribunal, Bengaluru and interim orders have also been passed by the Tribunal in favour of the Partnership Firm, which is the borrower. Moreover, the secured assets have already been put to auction and sold on 27.11.2024. The Tribunal has stayed the further process including grant of Sale Certificate in favour of the auction purchaser. 2. Learned Counsel for the petitioner however submits that the prayer in this writ petition is to direct the respondent-Bank to consider the representation dated 20.12.2024 given by the petitioner, wherein the petitioner has clearly stated that he is ready and willing to deposit a sum of Rs.4,03,13,000/-, which was the amount bid by the successful bidder and on such payment being made - 3 - NC: 2025:KHC:1432 WP No. 35797 of 2024 the bank should release the title deeds in favour of the petitioner. 3. Since the petitioner is already before the Debts Recovery Tribunal, this prayer could also be made before the Tribunal. Nevertheless, if the petitioner is ready and willing to deposit the entire loan amount as stated in the representation, to prove the bonafides of the petitioner, the petitioner is required to tender a Demand Draft for the entire amount with the respondent-Bank. If the entire amount is so deposited by way of a Demand Draft, then the petitioner is entitled for such a relief even in accordance with law. The borrower should be given such preference to save his secured assets. The successful bidder will only be entitled for payment of interest having regard to the law laid down by the Hon’ble Supreme Court. 4. Accordingly, the writ petition stands disposed of granting liberty to the petitioner to deposit the entire amount of Rs.4,03,13,000/- as stated in the representation by way of a Demand Draft. - 4 - NC: 2025:KHC:1432 WP No. 35797 of 2024 5. The benefit given to the petitioner can be made use of by the petitioner only if a Demand Draft is accordingly deposited with the respondent-Bank within a period of seven days from today. Failing which, the petitioner may make any such prayer before the Debts Recovery Tribunal. Sd/- (R DEVDAS) JUDGE DL CT: JL