- 1 - HC-KAR NC: 2025:KHC:29973 WP No. 23348 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 23348 OF 2025 (GM-RES) BETWEEN: MR. DIVAKAR. M S/O. MR. MONTA POOJARY, AGED ABOUT 58 YEARS, D. NO. 2-304-12, BAGAMBILA SITE, BAGAMBILA, MANGALURU-575 002. …PETITIONER (BY SRI. K. SHASHIKANTH PRASAD.,ADVOCATE) AND: 1. THE AUTHORIZED OFFICER/ CHIEF MANAGER VISHWAKARMA SAHAKARA BANK LTD., HEAD OFFICE, CAR STREET, MANGALURU-575 001. 2. MR. ARAVIND JAIN S/O. MR. VIJAYA KUMAR BALIPA, D. NO. 4-1228-1, DAANA SHALE HOUSE, NEAR KUSHUMANDINI TEMPLE, NALLUR-574 122, KARKALA TALUK, Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29973 WP No. 23348 of 2025 UDUPI DISTRICT. 3. MR. VINAY KUMAR RAI. N S/O. MR. BALAKRISHNA RAI, D. NO. 3-84/1, RAJEEVI HOUSE, KUTHARPADAV, BOLYAGUTTU, OPP. H. H. INTERNATIONAL SCHOOL, MUNNUR, MANGALURU-575 017. 4. MR. ANIL KUMAR R DALALI S/O. MR. RUDRAPPA, D. NO. 3-129/7, BOLANJOOR HOUSE, NEAR B.G.S. SCHOOL, KAVOOR, THODLA GUDDA, MANGALURU-575 015. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE COSNTITUTION OF INDIA PRAYING TO SET ASIDE THE SALE NOTICE DATED 16.07.2025 FOR SALE OF SCHEDULE PROPERTY FOR AUCTION SALE ON 02.08.2025 AT 11.00 A.M TO 12.00 P.M (ANNEXURE-D) ISSUED BY THE RESPONDENT; DIRECT THE RESPONDENT BANK TO CALCULATE AND ISSUE A CORRECT ACCOUNT STATEMENT TO THE PETITIONER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:29973 WP No. 23348 of 2025 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The learned counsel for the petitioner submits that the petitioner seeks leave to withdraw the petition because the sale in terms of the impugned Sale Notification dated 16.07.2025 [Annexure-D] is not held. The submission is taken on record, and the petition stands disposed of observing that if there is any cause because of the action initiated by the Bank under the SARFAESI Act, the petitioner must avail remedy under Section 17 thereof and not rush to this Court. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr