- 1 - HC-KAR NC: 2025:KHC:43119 WP No. 26497 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 26497 OF 2025 (GM-DRT) BETWEEN: 1. M/S VANDANA SKY WARDS A REGISTERED FIRM, REPRESENTED BY ITS MANAGING PARTNER, MR. SUDHAKAR T., S/O. BHASKAR CHOWDARY. OFFICE : SY.NO.153/2 AND 153/3, DODDA THOGUR VILLAGE, BEGURU HOBLI, BENGALURU-560 102 2. MR. SUDHAKAR T., S/O. LATE T. BASKAR CHOWDARY, AGED ABOUT 53 YEARS, RESIDING AT NO.406, VANDANA PRIMROSE, 3RD SECTOR, HSR LAYOUT, BENGALURU-560 102 …PETITIONERS (BY SRI. SARAVANAN G., ADVOCATE) AND: 1. THE AUTHORISED OFFICER KARNATAKA BANK LTD., ASSET RECOVERY MANAGEMENT BRANCH, CIN NO.L85110KA1924PLC001128. REPRESENTED BY ITS ASSISTANT GENERAL MANAGER, 1ST FLOOR, FKCCI BUILDING, KEMPEGOWDA ROAD, BENGALURU-560 009 2. SRI. T. KUMAR, S/O. LATE KONDAMA NAIDU, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43119 WP No. 26497 of 2025 AGED BOUT 67 YEARS, NO.32, 15 CROSS, ASHOK NAGAR, 1ST STAGE, BENGALURU-560 050 3. MRS. SUNEETHA T., W/O. SUDHAKAR T., AGED ABOUT 52 YEARS, RESIDING AT NO.406, VANDANA PRIMROSE, 3RD SECTOR, HSR LAYOUT, BENGALURU-560 102 4. MRS. PREMALA T., W/O. MR. KUMAR T., AGED ABOUT 61 YEARS, NO.32, 15 CROSS, ASHOK NAGAR, 1ST STAGE, BENGALURU-560 050 5. M/S. BHAVANA T., D/O. MR. KUMAR T., AGED ABOUT 27 YEARS, RESIDING AT NO.406, VANDANA PRIMROSE, 3RD SECTOR, HSR LAYOUT, BENGALURU-560 102 6. MRS. RAJITHA T., W/O.T. THULASI BABU, AGED ABOUT 38 YEARS, NO.32, 15 CROSS, ASHOK NAGAR, 1ST STAGE, BENGALURU-560 050 7. MRS. MAMATHA T. W/O.MR. KUMAR RAJA, AGED ABOUT 35 YEARS, RESIDING AT NO.116/2, SVM PARADISE, FLAT NO.2E, NAGAPPA REDDY LAYOUT, 9TH CROSS, B NARAYANAPURA EXTENSION, BENGALURU-560 016 - 3 - HC-KAR NC: 2025:KHC:43119 WP No. 26497 of 2025 8. MRS. ARUNA S. W/O.MR. SATHISH KUMAR M., AGED ABOUT 40 YEARS, NO.90, VINAYAKA NILAYA, SBM CROSS ROAD, UTTARAHALLI MAIN ROAD, BENGALURU-560 061 …RESPONDENTS (BY SRI.K.V.SHYAMAPRASADA, ADVOCATE FOR C/R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED SALE NOTICE DATED 02.08.2025, PUBLISHED IN THE NEW INDIAN EXPRESS DATED 05.08.2025, IN RESPECT OF THE SCHEDULE A TO K IMMOVABLE PROPERTIES VIDE ANNEXURE-F, ISSUED BY THE RESPONDENT BANK UNDER RULE 8(6) READ WITH RULE 9(1) OF THE SECURITY INTEREST (ENFORCEMENT) RULES, 2002, FRAMED UNDER THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002, ON THE GROUND THAT THE SAID NOTICE IS EXCESSIVE, ARBITRARY, ILLEGAL, UNSUSTAINABLE IN LAW, AND CONSEQUENTLY SET ASIDE THE SAME BY ISSUING A WRIT IN THE NATURE OF CERTIORARI AND ISSUE ANY WRIT/ORDER/DIRECTIONS WHICH DEEM TO BE FIT TO GRANT UNDER THE FACTS AND CIRCUMSTANCES OF THE ABOVE CASE, INCLUDING THE COST OF THIS WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 4 - HC-KAR NC: 2025:KHC:43119 WP No. 26497 of 2025 ORAL ORDER The present writ petition is filed seeking the following relief: a. Issue a writ of Certiorari to quash the impugned sale notice dated 02.08.2025, published in The New Indian Express dated 05.08.2025, in respect of the Schedule 'A' to 'K' immovable properties vide ANNEXURE-F, issued by the Respondent Bank under Rule 8(6) read with Rule 9(1) of the Security Interest (Enforcement) Rules, 2002, framed under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, on the ground that the said notice is excessive, arbitrary, illegal, unsustainable in law, and consequently set aside the same by issuing a writ in the nature of Certiorari. b. Issue any writ/order/directions which deem to be fit to grant under the facts and circumstances of the above case, including the cost of this writ petition in the interest of justice and equity. 2.The petitioners have questioned the sale notice dated 02.08.2025. When the matter is called there is no representation on behalf of the petitioner. 3. Learned counsel appearing for the respondent-Bank submits that on that day the auction could not take place and the writ petition has become infructuous. 4. The sale notice dated 02.08.2025 is impugned before this court and when the auction is not conducted on that date, nothing survives for consideration in this petition. - 5 - HC-KAR NC: 2025:KHC:43119 WP No. 26497 of 2025 Accordingly, this court is passing the following: ORDER i. The writ petition is dismissed as infructous. ii. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 19