- 1 - HC-KAR NC: 2025:KHC:26694 WP No. 21331 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 21331 OF 2025 (GM-RES) BETWEEN: 1. M/S SHREE LAKSHMI ENTERPRISES (PARTNERSHIP CONCERN ESTATBLISHED AS PER PARTNERSHIP ACT) 2. M/S SHIVASHAKTHI BRICKS (PARTNERSHIP CONCERN ESTABLISHED AS PER PARTNERSHIP ACT) PETITIONERS NO.1 AND 2 REPRESENTED BY ITS PARTNER RAVISHANKAR/ PETITIONER NO.4 AGED ABOUT 54 YEARS 3. SMT. JYOTHI AGED 50 YEARS, W/O RAVISHANKAR, 4. SRI RAVISHANKAR AGED ABOUT 54 YEARS S/O LATE PUTTAPPA ALL ARE RESIDING AT NO. 381/1, 381/2 AND 264, AT DEBUR VILLAGE Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26694 WP No. 21331 of 2025 NANJANAGUD TALUK, MYSURU - 571 135 … PETITIONERS (BY SRI. BHADRINATH R., ADVOCATE) AND: 1. THE CANARA BANK SARASWATHI PURAM BRANCH MYSURU - 570 009 REPRESENTED BY ITS SENIOR MANAGER 2. THE AUTHORISED OFFICER RECOVER SECTION DIVISIONAL MANAGER CANARA BANK, REGIONAL OFFICE MYSURU - 570 004. … RESPONDENTS (BY SRI. VIGNESH SHETTY., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO - TO ISSUE A WRIT OF CERTIORARI BY QUASHING THE SALE NOTICE DATED 30.06.2025 BEARING REF. SARM/MYS/SALE/NOTICE/Q2_14/2025-26 PASSED BY THE RESPONDENT NO.2 AS FOUND AT ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER Petitioners have raised several contentions regarding their readiness to clear the arrears and have also raised - 3 - HC-KAR NC: 2025:KHC:26694 WP No. 21331 of 2025 contentions regarding valuation not being in consonance with the market value. 2. Sri. Vignesh Shetty, learned counsel appearing for the respondent - Bank would contend that on multiple occasions, petitioners had approached this Court and no indulgence could be extended to them in light of the order passed on 26.09.2025 in W.P.No.15559/2024 along with W.P.No.25248/2024. It is further submitted that as against the validity of the sale notice, substantive remedy is available under Section 17 of the SARFAESI Act. 3. Taking note of the contentions of the learned counsel for respondents, it would be appropriate to dispose off the writ petition as follows: (a) Respondent - Bank is permitted to go ahead with the sale and sale confirmation. The respondent not to issue sale certificate for a period of 3 weeks from today. - 4 - HC-KAR NC: 2025:KHC:26694 WP No. 21331 of 2025 (b) The protection that is granted to the petitioners is only to enable the petitioners to avail of appropriate relief in the hands of the DRT by instituting proceedings under Section 17 of the SARFAESI Act. (c) Upon lapse of the period of 3 weeks as aforementioned, if petitioners do not obtain appropriate orders from the DRT, the interim protection stands discharged. Accordingly, the writ petition is disposed off. All contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE VP