- 1 - NC: 2025:KHC-D:5796-DB WA No. 100152 of 2025 C/W WA No. 100153 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 100152 OF 2025 (GM-RES) C/W WRIT APPEAL NO. 100153 OF 2025(GM-RES) IN WRIT APPEAL NO. 100152 OF 2025 BETWEEN: 1. BANK OF INDIA THROUGH ITS CHIEF MANAGER AND AUTHORIZED OFFICER, ASSET RECOVERY BRANCH-BENGALURU ZONE NO.11, 1ST FLOOR, BANK OF INDIA, BENGALURU-560009. 2. THE ZONAL MANAGER BANK OF INDIA, ZONAL OFFICE, BENGALURU ZONE, BANGALORE-560009. 3. THE CHAIRMAN AND MANAGING DIRECTOR BANK OF INDIA, HEAD OFFICE, STAR HOUSE C-5, G BLOCK, BANDRA KURLA COMPLEX, MUMBAI-400051. …APPELLANTS (BY SRI. S.S. NAGANAND, SENIOR COUNSEL FOR SRI. K.L. PATIL, ADVOCATE) AND: M/S. SHREE VENKATESH AND COMPANY, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT: GANESH TEMPLE ROAD, MUDHOL, BAGALKOT DISTRICT, KARNATAKA. R/BY ITS AUTHORIZED REPRESENTATIVE MR. SUBAS BENAKATTI …RESPONDENT (BY SRI. PRANAV U. BADAGI, ADVOCATE) Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5796-DB WA No. 100152 of 2025 C/W WA No. 100153 of 2025 THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE ORDERS OF THE LEARNED SINGLE JUDGE DATED 20.01.2025, PASSED IN WP 100358/2025 WHICH IS SUBSEQUENTLY EXTENDED VIDE ORDER DATED 18/02/2025, IN THE INTERESTS OF JUSTICE AND EQUITY. IN WRIT APPEAL NO. 100153 OF 2025 BETWEEN: 1. BANK OF INDIA THROUGH ITS CHIEF MANAGER & AUTHORIZED OFFICER, ASSET RECOVERY BRANCH-BENGALURU ZONE NO.11, 1ST FLOOR, BANK OF INDIA, BENGALURU-560009. 2. THE ZONAL MANAGER BANK OF INDIA, ZONAL OFFICE, BENGALURU ZONE, BANGALORE-560009. 3. THE CHAIRMAN AND MANAGING DIRECTOR BANK OF INDIA, HEAD OFFICE, STAR HOUSE C-5, G BLOCK, BANDRA KURLA COMPLEX, MUMBAI-400051. …APPELLANTS (BY SRI. S.S. NAGANAND, SENIOR COUNSEL FOR SRI. K.L. PATIL, ADVOCATE) AND: M/S. GOUDAR JAGGERY PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013 HAVING ITS REGISTERED OFFICE AT GANESH TEMPLE ROAD, MUDHOL BAGALKOT DISTRICT, KARNATAKA, R/BY ITS MANAGER (ADMIN) MR. SUBAS BENAKATTI …RESPONDENT (BY SRI. PRANAV U. BADAGI, ADVOCATE) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE ORDERS OF THE LEARNED SINGLE JUDGE DATED 07/01/2025, PASSED IN WP 107981/2024 AND ORDER DATED 18/02/2025, EXTENDING THE INTERIM ORDER GRANTED EARLIER, IN THE INTERESTS OF JUSTICE AND EQUITY. - 3 - NC: 2025:KHC-D:5796-DB WA No. 100152 of 2025 C/W WA No. 100153 of 2025 THESE WRIT APPEALS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) The above appeals are filed questioning the interim order dated 18.02.2025 passed by learned Single Judge in W.P No.100358/2025 clubbed with W.P No.107981/2024, whereunder, learned Single Judge has passed the following interim order: “Learned counsel for the respondent – Bank submits that the amount in due today is closed to rupees thirty five crores and the learned counsel for the petitioner submits that the same is at rupees thirty one crores. Be that as it is. The auction has taken place and sale certificates are not issued in favour of the auction purchasers on the score that, the interim order is operating. Therefore, the interim order would stand continued on a condition that the petitioner would deposit rupees five crores to the Bank on or before the 27th March 2025. In the event, the petitioner would not deposit rupees five crores to the Bank not only the interim order would get vacated, but the petition also would be dismissed without hearing any submission of the learned counsel, as in such cases, the remedy available to the petitioner is before the Debt Recovery Tribunal.” - 4 - NC: 2025:KHC-D:5796-DB WA No. 100152 of 2025 C/W WA No. 100153 of 2025 2. Heard submission of learned Senior Counsel Sri. S S. Naganand for learned counsel Sri. K L. Patil for the appellants and learned counsel Sri. Pranav U. Badagi for respondent in both the appeals. 3. On behalf of appellant, a memo dated 01.04.2025, is filed producing copies of three sale certificates dated 28.03.2025, in respect of three immovable properties. The description of three immovable properties reads as follows: i) All piece and parcel of land and commercial building mortgaged to BOI, at CTS No.2648, 2649 and 2650 admeasuring 5566.57 sq.ft., Opp. Ganapati Temple, Dattatraya Mandir Road, Mudhol belonging to Mr. N.G. Goudar. The property is bounded on: North by : CTS No.2646 South by : CTS No.2651, 2652, 2653 East by : Dattatreya Temple Road West by : CTS No.4188 ii) All piece and parcel of property open site/plot of residential located in Sy. No.554, Plot No.07 & 08, Housing Colony, Near BGMIT Engineering College Main Gate, Mantur Road, Mudhol admeasuring 11280sq.ft belonging to Mr. N. G. Goudar. Plot No.07 is bounded: - 5 - NC: 2025:KHC-D:5796-DB WA No. 100152 of 2025 C/W WA No. 100153 of 2025 North by : Main road South by : Plot No.17 East by : Plot No.08 West by : 20”0” Road Plot No.08 is bounded: North by : Main road South by : Plot No.18 East by : 20”0” Road West by : Plot No.07 iii) All piece and parcel of residential building located in Sy.No.213, House No: LIG-2/D at Housing Colony, Near Engineering College Main Gate, Mantur Road, Mudhol admeasuring 3875 Sq.ft Belonging to Mr. N.G. Goudar. The property is bounded on: North by : House No.3/D South by : House No.1/D East by : Road West by : House No.2/5 B 4. Learned Senior Counsel would submit that as the respondents/petitioners before the learned Single Judge have failed to honour the interim order by depositing rupees five crores as directed, the appellant/bank proceeded further and issued sale certificates dated 28.03.2025 in respect of the properties in question. Therefore, he submits that the present appeals would no more survive for consideration. - 6 - NC: 2025:KHC-D:5796-DB WA No. 100152 of 2025 C/W WA No. 100153 of 2025 5. The submission of learned Senior Counsel Sri. S S. Naganand along with memo is placed on record. 6. In view of the same, the appeals stand disposed of. 7. In view of disposal of writ appeals, other pending I.A’s, if any, does not survive for consideration and are accordingly disposed of. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE PMP LIST NO.: 1 SL NO.: 12