- 1 - HC-KAR NC: 2025:KHC:34466 WP No. 26482 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 26482 OF 2025 (GM-RES) BETWEEN: SMT. SIRISHA G W/O MAHENDRA BABU GADADOSS, AGED ABOUT 46 YEARS, RESIDING AT NO. 44, POSTAL COLONY, 5TH MAIN, SANJAYNAGAR, BENGALURU 560 094. …PETITIONER (BY SRI. VENKITARAMAN N S., ADVOCATE) AND: 1. THE AUTHORISED OFFICER AXIS BANK LTD., NO. 41, SHESHADRI ROAD, ANAND RAO CIRCLE, BENGALURU 560 009. 2. THE AUTHORISED OFFICER, AXIS BANK LTD., NO.41, SHESHADRI ROAD, ANAND RAO CIRCLE, BENGALURU-560009 Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34466 WP No. 26482 of 2025 IFSC UTIB0000245 3. RAVIKUMAR N, S/O NAGABHUSHAN T.S., NO. 87, 2ND MAIN, CIL LAYOUT, SANJAYNAGAR, BENGALURU - 560 094. …RESPONDENTS (BY SRI. FRANCIS XAVIER.,ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NTO TO PROCEED WITH CONFIRMATION OF THE AUCTION SALE DTD 09.07.2024 OR CREATE THIRD PARTY RIGHT IN RESPECT OF THE PETITIONER RESIDENTIAL PROPERTY DUE TO THE ISSUANCE OF THE SALE NOTICE DTD 20.06.2024 ISSUED BY THE RESOPNDENT BANK (R-1) AS SHOWN AS ANNX-D. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:34466 WP No. 26482 of 2025 ORAL ORDER The petitioner [a borrower] has unsuccessfully contested the different proceedings initiated by the first and the second respondents under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [SARFAESI Act] both before this Court and the Debt Recovery Tribunal [DRT] under Section 17 thereof. The petitioner has sought for the relief which reads as under: "Issue a writ of certiorari or any other appropriate writ, order or direction to the Respondents not to proceed with confirmation of the auction sale dated 09.07.2024 or create third party right in respect of the Petitioner's residential property due to the issuance of sale notice dated 20.06.2024 issued by the respondent bank (Respondent No.1) as shown as Annexure D." 2. Mr. N.S.Venkitaraman, the learned counsel for the petitioner, without contesting that the petitioner is unsuccessful in the proceedings as - 4 - HC-KAR NC: 2025:KHC:34466 WP No. 26482 of 2025 aforesaid, submits that the petitioner has availed her remedy under Section 18 of the SARFAESI Act with an application for waiver of the statutory deposit and such application is yet to be listed before the Debt Recovery Appellate Tribunal. Insofar as the interference by this Court, Mr. N. S. Venkitaraman submits that the third respondent in whose favour the sale is confirmed, is trying to remove moveables and that will be precipitation which cannot be permitted during the pendency of the appeal before the third respondent. 3. As against these submissions, Mr. Francis Xavier, the learned counsel who is permitted to take notice for the first and the second respondents, and Mr. R. Kiran, the learned counsel who is on record for the third respondent [the auction purchaser], submit that possession of the secured asset [a residential property], is taken on 15.09.2023 after the orders of the concerned Court under Section 14 of the - 5 - HC-KAR NC: 2025:KHC:34466 WP No. 26482 of 2025 SARFAESI Act; that the property is dilapidated. The learned counsels emphasise that this Court may not grant any indulgence in view of the fact that the petitioner has failed in successive proceedings. 4. However, when queried Mr. R. Kiran is categorical on two counts viz., [a] that the third respondent does not propose to create any third party interest in the subject property over the next six [6] weeks, and [b] that the property though vacant and in a dilapidated condition requiring some repairs, in due deference to the pending proceedings, no action will be taken to change the nature of the property. The learned counsel emphasises that statements in this regard must not prejudice the third respondent in the pending proceedings before the DRT either on merits or grant of any interim order. 5. This Court is of the view that the afore submissions must redress the petitioner's apprehension for present as all circumstances must - 6 - HC-KAR NC: 2025:KHC:34466 WP No. 26482 of 2025 be considered by the Debt Recovery Appellate Tribunal. Hence, with just liberty to the petitioner and the third respondent, but without being prejudiced by any of the statements now made in the pending proceedings, the petition stands disposed of. Sd/- (B M SHYAM PRASAD) JUDGE RB