- 1 - HC-KAR NC: 2025:KHC:36927 WP No. 26855 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 26855 OF 2025 (GM-RES) BETWEEN: SRI KUMARASWAMY B R S/O SRI RAMACHANDRA SHETTY AGED ABOUT 38 YEARS R/AT N0.12,1ST MAIN, 1ST CROSS LAKSHMANNA NAGARA, HEGGANAHALLI CROSS, BANGALORE 560091 &PETITIONER (BY SMT. SANDHYA U. PRABHU., ADVOCATE) AND: 1. THE AUTHORISED OFFICER UNION BANK OF INDIA, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36927 WP No. 26855 of 2025 (ERSTWHILE ANDHRA BANK) ARM BRANCH, 2/3 RAJA BUILDING, N.R ROAD, BENGALURU 560002 &RESPONDENT (BY SMT. DIVYA PURANDAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE DEBTS RECOVERY TRIBUNAL I AT BENGALURU TO CONSIDER THE APPLICATION FOR STAY FILED IN SA NO. 316/2025 FOR PRODUCED AT ANNEXURE-D DATED 25.06.2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:36927 WP No. 26855 of 2025 ORAL ORDER The petitioner is before the Debt Recovery Tribunal, Bangalore [for short, 'the Tribunal'] in S.A.No.307/2025, and the petitioner requests for direction to the Tribunal to consider his application [as per Annexure - D]. The request in the application reads thus, "For the reasons stated in the accompanying affidavit, this Hon'ble Tribunal may be pleased to GRANT AN INTERIM ORDER OF STAY restraining the Respondent Bank from either confirming the sale or issuing the sale certificate in favour of the auction purchaser if auction is held on 13.06.2025 and restrain the Respondent Bank from delivering the possession to the auction purchaser, in order to avoid multiple litigation and abuse of process of law, till disposal of the application, in the interest of justice and equity." Ms. Sandhya U Prabhu, the learned counsel for the petitioner, argues for an order in the afore lines stating that the petitioner is in possession of the - 4 - HC-KAR NC: 2025:KHC:36927 WP No. 26855 of 2025 subject property and the respondent is pursuing his application under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short, 'the SARFAESI Act'] to take immediate possession, Ms. Divya Purandar, the learned counsel for the respondent, submits that sale has been confirmed and the petitioner has also filed an application to implead the auction purchaser. The learned counsel emphasises that the Tribunal has issued notice to the auction purchaser on the application which is scheduled to be listed on 24.10.2025 and that any interim protection to the petitioner must be after due opportunity to the purchaser. The petitioner9s request insofar as confirmation of sale is indeed rendered infructuous, and what remains is the petitioner9s request for protection against dispossession during the pendency of the application. This request gains importance if the - 5 - HC-KAR NC: 2025:KHC:36927 WP No. 26855 of 2025 respondent, notwithstanding the pendency of the application is pursuing his application under Section 14 of the SARFAESI Act to recover immediate possession. This Court is of the view that the Tribunal must decide on the merits of the application against sale and deliver possession if the petitioner is able to ensure notice of the application/s is served on the auction purchaser, including an application for advancement and a certified copy of this order. With liberty in this regard and calling upon the Tribunal to decide on the application expeditiously if the petitioner takes the necessary measures, the petition stands disposed of. Sd/- (B M SHYAM PRASAD) JUDGE RB