- 1 - HC-KAR NC: 2025:KHC:30598 WP No. 22417 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 22417 OF 2025 (GM-RES) BETWEEN: SRI N NARAYANASWAMY S/O LATE NAREPPA AGE ABOUT 58 YEARS, R/ATNO 1642, DAYANANDA ROAD, SRINIVASAPURA - 563135 KOLAR DISTRICT. …PETITIONER (BY SRI. R SRINIVASA GOWDA.,ADVOCATE) AND: 1. THE CHIEF MANAGER AND AUTHORISED OFFICER KARNATAKA BANK LTD., ASSET RECOVERY MANAGEMENT BRANCH, KARNATAKA BANK BUILDING 1ST FLOOR WARD NO 29, MARALUR EXTENSION, SADASHIVANAGAR, TUMAKUR - 572105. 2. THE BRANCH MANAGER KARNATAKA BANK LTD., SRINIVASAPURA BRANCH, KOLAR DISTRICT - 563135. …RESPONDENTS (BY SRI Y.B.GOKUL, ADVCOATE) Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30598 WP No. 22417 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE NOTICE DATED 07.07.2025 ISSUED BY RESPONDENT NO. 1 UNDER THE SARFAESI ACT ANNEXURE-F; DIRECTION RESTRAINING THE RESPONDENTS FROM PROCEEDING WITH THE PROPOSED E-AUCTION SCHEDULED ON 30.07.2025 OR TAKING ANY FURTHER COERCIVE ACTION IN RELATION TO THE MORTGAGED PROPERTY BEARING SITE NO. 3/1, VP KHATHA NO. 369, KOLLUR NEW EXTENSION, SRINIVASPURA, KOLAR DISTRICT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER Sri Y.B.Gokul, a learned counsel who seeks leave to take notice for the respondents, submits that the petition is rendered infructuous because no sale is conducted in terms of the impugned Sale Notice under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short, 'the SARFAESI Act']. - 3 - HC-KAR NC: 2025:KHC:30598 WP No. 22417 of 2025 Sri.R.Srinivasa Gowda, the learned counsel for the petitioner, submits that the respondents could not have initiated proceedings under the SARFAESI Act once they have commenced the suit for recovery of money with the petitioner raising a counter claim. These submissions are considered, and the petition stands disposed of as having become infructuous but observing that if the respondents initiate any proceedings further under the SARFAESI Act, the petitioner must avail remedy under the SARFAESI Act and all questions must be considered in such proceedings. SD/- (B M SHYAM PRASAD) JUDGE SA ct:sr