- 1 - HC-KAR NC: 2025:KHC:26148 WP No. 13511 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 13511 OF 2025 (GM-RES) BETWEEN: 1. SRI.N. YOGISH BHAT S/O N KOGGANNA BHAT, AGED ABOUT 71 YEARS, RESIDING AT NO.4-3-406/17, KODIALBAIL POST, MANGALORE TALUK, DAKSHINA KANNADA DISTRICT-575 003 … PETITIONER (BY SRI. LEELESH KRISHNA., ADVOCATE) AND: 1. THE AUTHORISED OFFICER, ICICI BANK LIMITED BHARATH BUILDING, OPP KMC HOSPITAL, DR AMBEDKAR CIRCLE, MANGALURU-575 001 2. ICICI BANK LIMITED HAVING ITS REGISTERED OFFICE AT ICICI BANK TOWERS, BANDRA KURLA COMPLEX, MUMBAI-400 051 Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26148 WP No. 13511 of 2025 REPRESENTED BY ITS AUTHORISED OFFICER. … RESPONDENTS (BY SRI. FRANCIS XAVIER., ADVOCATE) THIS W.P IS FILED UNDER 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING/SETTING ASIDE THE SALE NOTICE DATED 29-03-2025 (ANNEXURE-E) ISSUED BY THE RESPONDENT NO.1 UNDER RULE 8(6) AND RULE 9(1) OF THE SECURITY INTEREST (ENFORCEMENT) RULES, 2002, AND ALL CONSEQUENTIAL PROCEEDINGS PURSUANT THERETO, INCLUDING THE AUCTION SCHEDULED ON 03-05-2025. SO FAR AS PETITIONERS AND ETC. THIS PETITION COMING ON FOR FRESH MATTERS LIST THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER Learned counsel for the petitioner has filed a memo seeking to withdraw the petition. 2. The memo is taken on record. It reads as follows:- "The Petitioner above named respectfully submits as follows: The present writ petition was filed challenging the Sale Notice dated 29-03-2025 and the Possession Notice dated 10-12-2024 issued by Respondent No.1 under the SARFAESI Act, 2002. This Hon'ble Court was pleased to grant interim relief by order dated 29-04-2025, subject to certain conditions. However, as the Petitioner was unable to comply with the conditions imposed by the interim order, - 3 - HC-KAR NC: 2025:KHC:26148 WP No. 13511 of 2025 this Hon'ble Court was pleased to vacate the said interim relief. During the pendency of the writ petition, the Respondents issued a fresh Sale Notice dated 05- 06-2025, scheduling the auction of the secured property on 08-07-2025, once again at an undervalued reserve price. However, the said auction failed due to lack of bidders. In light of the above developments, the reliefs sought in the present petition have become infructuous. The Petitioner, therefore, rays that this Hon'ble Court may be pleased to permit withdrawal of the writ petition, reserving liberty to pursue such other remedies as may be available in law, including in respect of any future actions initiated by the respondents." 3. In light of the memo filed and submission made, the petition is dismissed as not pressed. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR