- 1 - HC-KAR NC: 2025:KHC:36932 WP No. 25245 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. 25245 OF 2025 (GM-RES) BETWEEN: 1. SRI RAVISH S/O LATE ANANTARAMA SETTY, AGED ABOUT 62 YEARS, 2. SMT K REKHA D/O LATE K R KANTARAJ, W/O RAVISH, AGED ABOUT 52 YEARS, 3. SMT K KANAKARATNA W/O LATE K R KANTARAJ, AGED ABOUT 75 YEARS, R/.AT R AND R ASSOCIATES ADVOCATES, NO.50/2, ENTIRE GROUND FLOOR, FIRST FLOOR, (NORTH SIDE) AND FOURTH FLOOR, RESERVOIR STREET, NEAR NETKELLAPA CIRCLE, BASAVANAGUDI, BANGALORE-560004 …PETITIONERS (BY SRI. PRAVEEN R.,ADVOCATE) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36932 WP No. 25245 of 2025 AND: 1. ASST GENERAL MANAGER / CHIEF MANAGER ARMB BRANCH 4TH FLOOR (VIJAYA BANK TOWERS) NOW BANK OF BARODA, TRINITY CIRCLE, M G ROAD, BANGALORE-560001. 2. ASST GENERAL MANAGER/ CHIEF MANAGER KARNATAKA STATE FINANCIAL CO OPERATION, NO.8TH BLOCK, JAYANAGAR, BANGALORE-560070. 3. ASST GENERAL MANAGER/ CHIEF MANAGER CANARA BANK, RATNA VILLAS ROAD, BASAVANGUDI, D V G ROAD, OPP SHAMMANA PARK, BANGALORE-560004. 4. M N MANJUNATH S/O LATE NARAYAN GOWDA, AGED ABOUT 55 YEARS, NO. 663, 2ND CROSS, OLD POST OFFICE ROAD, - 3 - HC-KAR NC: 2025:KHC:36932 WP No. 25245 of 2025 7TH BLOCK, JAYANAGARA, BANGALORE-560082. …RESPONDENTS (BY SRI. VIGNESH S. SHETTY.,ADVOCATE FOR C/R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- QUASHING AND STAY THE AUCTION PROCEEDINGS PUBLIC NOTICE DATED 08-08-2025 (AUCTION DATED 26-08-2025) IN INDIAN EXPRESS UNDER SECTION 13(2) OF SARFAESI ACT, AS PER ANNEXURE E AND UNDER SECTION 13(4) OF SARFAESI ACT, AS PER ANNEXURE-G ISSUED BY THE RESPONDENT NO.1 AS CONTRARY TO LAW AND UNENFORCEABLE AND VOID; II) QUASHING ALL FURTHER PROCEEDINGS INITIATED BY THE RESPONDENT NO.1 BANK PURSUANCE TO UNDER SECTION 13(2) AS PER ANNEXURE E AND NOTICE UNDER SECTION 13(4) OF THE ACT, AS PER ANNEXURE-G AS BEING ALL CONSEQUENTIAL ACTION INITIATED PURSUANCE TO A NOTICE WITHOUT AUTHORITY OF LAW AS BEING VOID AND NOT BINDING ON THE PETITIONER 1 TO 3. - 4 - HC-KAR NC: 2025:KHC:36932 WP No. 25245 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners have called in question different proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short 'the SARFAESI Act']. Sri Praveen R, the learned counsel for the petitioners, argues in support of the relief proposing to relie on some facts. However, Sri Vignesh S. Shetty, the learned Counsel for the respondent - Bank, places on record a copy of this Court's order dated 14.06.2025 in WP No. 17626 of 2025 and submits that the petitioner is repeatedly invoking this Court's jurisdiction under Article 226 of the Constitution of India and this is despite this - 5 - HC-KAR NC: 2025:KHC:36932 WP No. 25245 of 2025 Court observing in the afore petition that the petitioner must avail substantive remedy. Sri Vignesh S Shetty further submits that the sale is held on 26.08.2025 and crucially possession is taken somewhere in the year 2018. This Court can only reiterate that the petitioners, if they could, must avail their remedy as contemplated under the Statute and there would be no occasion for intervention. The petition stands disposed of accordingly subject to all just exceptions. Sd/- (B M SHYAM PRASAD) JUDGE NV