- 1 - HC-KAR NC: 2025:KHC:33839 WP No. 22905 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 22905 OF 2025 (GM-RES) BETWEEN: M/S AMBA BHAVANI ASSOCIATES NO.507, 1ST FLOOR, 9TH MAIN BSK 2ND STAGE, BANGALORE. REP BY ITS MANAGING PARTNERS MR. FAKEER NAGAPPA SAVANOOR AND MR. BABU N YELIGAR REP BY THEIR GPA HOLDER SHRI. SRIVATSAVA. J. …PETITIONER (BY SRI. RAVI SHANKAR K.,ADVOCATE) AND: 1. THE MANAGER AND AUTHORIZED OFFICER SRI. GURU RAGHAVENDRA SAHAKARA BANK NIYAMITHA NO.15, SUBBARAMA CHETTY ROAD BASAVANAGUDI, BANGALORE-560 004. 2. THE ADMINISTRATOR SRI. GURU RAGHAVENDRA SAHAKARA BANK NIYAMITHA, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33839 WP No. 22905 of 2025 NO.15, SUBBARAMA CHETTY ROAD BASAVANAGUDI, BANGALORE-560 004. 3. THE DEPUTY MANAGER/ SR. ASSISTANT SRI. GURU RAGHAVENDRA SAHAKARA BANK NIYAMITHA NO.15, SUBBARAMA CHETTY ROAD BASAVANAGUDI, BANGALORE-560 004. 4. SHRI. SHREYAS SHEREGAR S/O.SHESHAIAH SHEREGAR AGED MAJOR R/AT NO 84, 2ND CROSS ROAD, NEAR GKW LAYOUT, VIJAYANAGAR BENGALURU 560040. …RESPONDENTS (BY SRI. VIKRAM UNNI RAJAGOPAL.,ADVOCATE FOR R1 & R3; SRI. PRAKASH, ADVOCATE FOR SRI. BALARAM M.L., ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- CALL FOR THE ENTIRE RECORDS ON THE FILE R1 TO 3 IN RESPECT OF SAL CERTIFICATES BEARING NO. SGR/MS/LN-07/699/2025-26 DATED 26.06.2025 AND BEARING NO. SGR/MS/LN-07/700/2025-26 DATED 26.06.2025 AT ANNEXURE-L AND L1 RESPECTIVELY; QUASH THE IMPUGNED SALE CERTIFICATES BEARING NO. SGR/MS/LN-07/699/2025-26 DATED 26.06.2025 AND BEARING NO. SGR/MS/LN-07/700/2025-26 - 3 - HC-KAR NC: 2025:KHC:33839 WP No. 22905 of 2025 DATED 26.06.2025 AT ANNEXURE -L AND L1 RESPECTIVELY ISSUED R1 TO 3. 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 petitioner is aggrieved by the Sale Certificate issued by the Secured Creditor [the first respondent] in favour of the fourth respondent. The petitioner had in fact approached this Court in the writ petition in W.P. No.9661/2025 calling in question the Notice under Section 13 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short, 'the SARFAESI Act']. 2. This Court has disposed of this writ petition in W.P. No.9661/2025 by the order dated 10.06.2025 with liberty to the petitioner to avail alternative remedy under Section 17 of the SARFAESI Act observing that ends of justice would be met if the - 4 - HC-KAR NC: 2025:KHC:33839 WP No. 22905 of 2025 first respondent is directed not to take any precipitative action and that the Debt Recovery Tribunal [DRT] must consider the continuation of the protection if the petitioner avails the remedy within the stipulated time. 3. It is now brought on record that the petitioner has availed the remedy in filing its application in SA No.243/2025 and that the DRT has considered the petitioner's request on 07.08.2025 with the fourth respondent [the purchaser] categorically stating that he does not propose to alienate the subject property without the leave of the DRT. This Court is of the view that in these circumstances the petition must be disposed of with liberty to the petitioner to prosecute the application. 4. At this stage, Sri K. Ravishankar the learned counsel for the petitioner, submits that the fourth respondent is threatening to dispossess the petitioner from the subject property with Sri Vikram - 5 - HC-KAR NC: 2025:KHC:33839 WP No. 22905 of 2025 Unni Rajagopal, the learned counsel for the first and third respondents, Sri Prakash on behalf of Sri Balaram M L, the learned counsel on record for the fourth respondent, stating that possession is already delivered to the fourth respondent. 5. Be these assertions as they may be, this Court is of the view that the petitioner must also work out its remedy in the pending application with the DRT if there is any reason on interference with possession. With liberty in this regard, and leaving open all questions to be considered in such application, the petition stands disposed of calling upon the DRT, subject to its board, to decide on the pending interim applications expeditiously. Sd/- (B M SHYAM PRASAD) JUDGE AN/-