- 1 - NC: 2025:KHC:8144 WP No. 4792 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 4792 OF 2025 (GM-RES) BETWEEN: M SURESH KUMAR S/O (LATE) MUNISWAMY AGED 58 YEARS R/A NO,471, 39TH C CROSS 5TH BLOCK, JAYANAGAR BANGALORE 560 041 MANAGING PARTNER M/S. MSK SHELTERS …PETITIONER (BY SRI. KIRAN S JAVALI., SR. COUNSEL FOR SRI. V B RAVISHANKAR., ADVOCATE) AND: 1. CANARA BANK HONG KONG BRANCH NO.904, 9/FL AON CHINA BUILDING 29, QUEENS ROAD CENTRAL, HONG KONG 999 076 2. CANARA BANK ARM-1 BRANCH 2ND FLOOR, NO.86, SPENCER TOWER MG ROAD, BANGALORE 560 001 3. AMALOR INTERNATIONAL LIMITED A COMPANY REGD. U/COMPANIES ACT 1956 609, 6 TH FLOOR, HONG KONG PLAZA 188 CONNAUGHT ROAD WEST Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8144 WP No. 4792 of 2025 HONG KONG - 999 077 REP BY ITS MANAGING DIRECTOR. …RESPONDENTS (BY SMT. NATASHA N MURTHY., ADVOCATE FOR SRI.VIGNESH SHETTY., ADVOCATE FOR R1 & R2) THIS WRIT PETITION IS FILED UNER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO HOLD AND DECLARE THAT THE ENTIRE ACTION INITIATED BY THE R-2 UNDER THE PROVISIONS OF THE SARFAESI ACT AS VOID AB INTIO, ILLEAL AND WITHOUT ANY JURISDICTION AND QUASH THE SALE NOTICE DTD.21.01.2025 AND ALL SUBSEQUENT ACTION THEREON VIDE ANNX-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned Counsel Sri.Vignesh Shetty, takes notice for respondents No.1 and 2. Notice to respondent No.3 is not necessary for the following reasons: Learned Counsel for the respondent-Bank submits that although the petitioner, who is a guarantor to the loan borrowed by respondent No.3 herein, offered a proposal for ‘One Time Settlement’, the respondent-Bank has not accepted the same nor has it made any communication to the petitioner. However, one of the other guarantor has approached the Debts Recovery - 3 - NC: 2025:KHC:8144 WP No. 4792 of 2025 Tribunal and an interim order has been passed by the Tribunal subject to certain conditions. Learned Counsel submits that if the petitioners are seeking to raise a challenge regarding the correctness of the measures taken by respondent No.3 or that the laws of Hong Kong should be made applicable, the petitioner may be relegated to the Tribunal. 2. In view of the admitted fact that the petitioner has already deposited a sum of Rs.11.00 Crores with the respondent-Bank, and another guarantor has already approached the Debts Recovery Tribunal and interim orders have been passed, the petitioner is directed to approach the Debts Recovery Tribunal. 3. The writ petition is accordingly disposed of. 4. Pending I.As., if any, stand disposed of. Sd/- (R DEVDAS) JUDGE DL CT: JL