- 1 - HC-KAR NC: 2025:KHC:26731 WP No. 13309 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 13309 OF 2025 (GM-RES) BETWEEN: 1. M/S SRI SHANKAR PLYWOOD AND BOARD INDUSTRIES, HAVING OFFICE AT PLOT NO. 361 KIADB HASSAN GROWTH CENTRE H N PURA ROAD, HASSAN - 573 201 REP BY ITS PROPRIETOR GST NO.29ABLPP6252H1Z7 MRS. HANSA MANOHARLAL PATEL 2. M/S SRI SHANKAR TIMBERS A PARTNERSHIP FIRM, HAVING ITS OFFICE AT NO.289, MYSORE ROAD, KENCHENAHALLI BANGALORE - 573 201 REP BY ITS PARTNER GST NO.29AGGFS9017ZL SRI MANOHARLAL VISHRAM PATEL 3. M/S SRI SHANKAR VEENERS INDUSTRIES HAVING ITS OFFICE AT PLOT NO. 361 KIADB HASSAN GROWTH CENTRE, H N PURA ROAD, HASSAN - 573 201 REP BY ITS PROPRIETOR Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26731 WP No. 13309 of 2025 GST NO.29ADDPP8223B1ZD MRS. VANDANA HIRALAL PATEL 4. M/S SRI SHANKAR VIJAY SAW MILLS HAVING ITS OFFICE AT BELUR ROAD NEAR VIJAYA NAGAR EXTENSION HASSAN - 573 201. GST NO.29AAMFX734PJ1ZA REP BY SRI MANOHARLAL VISHRAM PATEL … PETITIONERS (BY SRI. SHRIKAR P.K., ADVOCATE) AND: 1. KARUR VYASA BANK LTD ASSET RECOVERY BRANCH, DIVISIONAL OFFICE BUILDING, NO.6, SHRIVASAVI TEMPLE ROAD, NEAR SAJJAN RAO CIRCLE, V.V.PURAM BANGALORE - 560 004 REP BY ITS CHIEF MANAGER AND AUTHORIZED OFFICER … RESPONDENT (BY SRI. VIGNESH SHETTY, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO a) ORDERS OR DIRECTIONS TO CONSIDER THE REQUEST MADE BY THE PETITIONER BY REPRESENTATION DATED 08/03/2025 TO ENABLE CLOSURE OF THE LOAN ACCOUNT VIDE ANNEXURE-A AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV - 3 - HC-KAR NC: 2025:KHC:26731 WP No. 13309 of 2025 ORAL ORDER Learned counsel for petitioners has filed a memo reading as hereunder: "The undersigned advocate for the petitioners most respectfully submits that the petitioners maybe permitted to approach the DRT for addressing their grievances challenging the sale proceedings by the Respondent Bank under SARFAESI Act, 2002. It is prayed that the period spent before this Hon'ble Court in the instant writ petition and W.P.32600/2024 maybe ordered, for the purpose of considering the question of limitation in filing such appeal/application before Debt Recovery Tribunal, Bengaluru under section 17 of SARFAESI Act. Such appeal/application will be filed impugning the auction notice issued by the Respondent Bank proposing to conduct auction on 04.12.2024 and all subsequent Acts pursuant thereto including a sale certificate dated 29.03.2025 said to have been issued by the Respondent Bank." - 4 - HC-KAR NC: 2025:KHC:26731 WP No. 13309 of 2025 2. The present petition has been filed seeking for consideration of the request made by the petitioners by representation dated 08.03.2025 at Annexure-A. 3. The petitioners submit that they may be reserved liberty to proceed against the Bank in case of any measure under Section 13 by appropriate proceedings under Section 17 of the SARFAESI Act. 4. In light of the stand of the petitioner and memo filed, the petition is disposed off. 5. The time spent in the writ proceedings may be placed before the Debt Recovery Tribunal for appropriate consideration when objections regarding limitation is being considered by the Debt Recovery Tribunal. All contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE NP