- 1 - HC-KAR NC: 2025:KHC:38957 WP No. 29437 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 29437 OF 2025 (GM-RES) BETWEEN: MR. FRANCIS D SOUZA S/O MATHAIAS SOUZA AGE ABOUT 67 YEARS R/A 1 136 ALANGURI HOUSE MOODAPADUKODI BANTWAL TALUK D K DISTRICT 574265 …PETITIONER (BY SRI. ABHIJITH KS., ADVOCATE) AND: 1. THE AUTHORIZED OFFICER UNDER SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT 2002 FOR CANARA BANK KAVALAPADUR (VOGGA) BRANCH Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38957 WP No. 29437 of 2025 BANTWAL TALUK D K DISTRICT 574265 2. CANAR BANK REGIONAL OFFICE PUTTUR DK DISTRICT 572264 …RESPONDENTS (BY SRI. VINAY BHAT, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHG THE SALE NOTICE DTD 09.09.2025 HAVE FIXING THE DATE OF AUCTION AS 30.09.2025 ISSUED BY THE R1-BANK WHICH IS PRODUCED AT ANNX-A; DIRECTING THE RESPONDENT BANK TO CONSIDER THE PETITIONER REQUEST TO REVIVE THE LOAN. 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:38957 WP No. 29437 of 2025 ORAL ORDER The petitioner is aggrieved by the issuance of auction notice dated 09.09.2025 by the first respondent. When queried, Mr. Vinay Bhat, the learned counsel who is permitted to take notice for the respondents, fairly submits that the petitioner/his family members have approached the first respondent with an offer to pay Rs.5,00,000/- immediately to defer the sale schedule to be held on 30.09.2025 undertaking to clear the entire outstanding amount by 31.10.2025. Mr. Vinay Bhat also submits that if the petitioner deposits Rs.5,00,000/- well within time, the sale will be deferred and that if the petitioner pays the entire outstanding amount, the loan will also be closed. These submissions are considered and the petition stands disposed of by the following: - 4 - HC-KAR NC: 2025:KHC:38957 WP No. 29437 of 2025 ORDER a. The petitioner is reserved with liberty to pay a sum of Rs.5,00,000/- before the closure of forenoon working hours of the respondent - Bank on 29.09.2025. b. The respondents are directed to defer sale if the petitioner complies with this condition. c. If the petitioner fails to pay this amount, the respondents will be at liberty to publish a fresh notice, and in that event, the petitioner will only avail alternative remedy under Section 17 of the SARFAESI Act and not rush to this Court. d. It is needless to observe that it would always be open to the petitioner and - 5 - HC-KAR NC: 2025:KHC:38957 WP No. 29437 of 2025 the respondents to discuss the terms for settlement of the loan post the payment of Rs.5,00,000/-. Sd/- (B M SHYAM PRASAD) JUDGE RB