- 1 - HC-KAR NC: 2025:KHC:33904 WP No. 25415 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 25415 OF 2022 (GM-RES) BETWEEN: SRI.N.MANJUNATHA S/O SRI.C.NARAYANAPPA, AGE 43 YEARS, RESIDING AT NO.9/331, LAVANYA NILAYA, MUNIVENKATAPPA LAYOUT, CHANDAPUR ROAD, ANEKAL-562106 …PETITIONER (BY SRI.G.BALAKRISHNA SHASTRY, ADVOCATE) AND: 1. STATE BANK OF INDIA STRESSED ASSETS RECOVERY BRANCH, NO.11/90, 3RD FLOOR, NEAR OLD SHIVAJI THEATRE, OPP. TRUST WELL HOSPITAL, J.C. ROAD, BANGALORE-560002 REPRESENTED BY HIS AUTHORIZED OFFICER 2. SMT.N.BHAGYA W/O SRI.N.MANJUNATHA, AGE 37 YEARS, RESIDING AT NO.9/331, LAVANYA NILAYA, MUNIVENKATAPPA LAYOUT, CHANDAPUR ROAD, ANEKAL-562106 3. SMT.KAMAKSHAMMA.R. W/O SRI.JAI SHANKAR.P.R. AGE 56 YEARS, CHINNAPPA REDDY LAYOUT, Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33904 WP No. 25415 of 2022 BELAGERE ROAD, NEAR- SHARADA VIDYA MANDIRA VARTHUR, BENGALURU - 560 087. …RESPONDENTS (BY SMT.RAJITHA T.O., ADVOCATE FOR C/R1; R2 SERVED AND UNREPRESENTED; SRI.K.A.MONAPPA, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE SALE NOTICE DATED 23.11.2022 AS PER ANNEXURE- B. AWARD THE COSTS OF THIS PETITION. GRANT AN INTERIM ORDER TO STAY SALE NOTICE DATED 23.11.2022. IF THEY PROCEED FURTHER, THE LOSS AND HARDSHIP CAUSED TO THE PETITIONER CANNOT BE COMPENSATED IN TERMS OF MONEY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has challenged the sale notice dated 23.11.2022 issued by the respondent No.1 under the Securitization and Reconstruction of Financial Assets and Enforcement of the Security Interest Act, 2002 read with proviso to Rule 8(6) of the Security Interest (Enforcement) Rules, 2002. 2. In view of the judgement of the Hon’ble Apex Court in the case of United Bank of India v. Satyawati Tondon and Others [(2010) 8 SCC 110] and South Indian Bank - 3 - HC-KAR NC: 2025:KHC:33904 WP No. 25415 of 2022 Limited and Others v. Naveen Mathew Philip and Another [(2023) SCC Online SC 432], the appropriate remedy for the petitioner is to approach the Tribunal 3. In that view of the matter, this writ petition is dismissed as not maintainable. 4. However, liberty is reserved to the petitioner to approach the Tribunal against the sale notice as well as the consequent proceedings initiated by the respondent No.1. The time consumed in pursuing this petition shall be deducted by calculating the limitation applicable to the proceeding before the Debt Recovery Tribunal. 5. All contentions are kept open. 6. The Tribunal shall consider the amounts deposited by the petitioner with the bank as per the order dated 23.01.2023 passed by this Court. Sd/- (R. NATARAJ) JUDGE BKN/List No.: 1 Sl No.: 20