- 1 - HC-KAR NC: 2025:KHC:38425 WP No. 29296 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 29296 OF 2025 (GM-RES) BETWEEN: 1. SRI DARSHAN L D S/O DODDA MALLE GOWDA AGE ABAOUT 45 YEARS 2. SMT RASHMI N C W/O DARSHAN L D AGE ABOUT 37 YEARS BOTH ARE R/A NO 36/2 FLAT NO TF O3 NANJUNDEWSHWARA RESIDENCY AVALAHALLI MAIN ROAD 17TH MAIN ROAD MUNESHWARA BLOCK BENGALURU 560026 …PETITIONERS (BY SRI. ARUN ASHOK GADAG.,ADVOCATE) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38425 WP No. 29296 of 2025 AND: INDIAN OVERSEAS BANK (A BODY CORPORATE CONSTITUTED UNDER THE BANKING COMPANIES (ACQUISITION AND TRANSFER OFUNDRTAKINGS )ACT 1970) NO 251/62 9TH MAIN V BLOCK JAYANAGAR BENGALURU 560041 REP BY ITS AUTHORIZED OFFICER …RESPONDENT THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AUCTION SALE NOTICE DATED 12.09.2025 AS ANNEXURE - C ISSUED BY RESPONDENT FOR THE DALE OF THE SCHEDULE PROPERTY; DIRECT THE RESPONDENTS TO PROVIDE THE PETITIONERS WITH AN OPPORTUNITY TO SETTLE THE OUTSTANDING DUES AND RESTRUCTURE THE LOAN ACCOUNT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:38425 WP No. 29296 of 2025 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The short question for consideration is; whether this Court must intervene with the auction initiated by a secured creditor under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short, 'the SARFAESI Act'] because of an alleged default. Mr. Arun A. Gadag, the learned counsel for the petitioners emphasizing that the sale will be held on 29.09.2025, submits that the petitioners are not willful defaulters and to show bonafides, they are willing to deposit 25% of the outstanding loan amount immediately. In the light of the repeated caution against interference under Article 226 of the Constitution of India when there is an alternative remedy under Section 17 of the SARFAESI Act, the - 4 - HC-KAR NC: 2025:KHC:38425 WP No. 29296 of 2025 petition stands disposed of leaving open all contentions to be considered in such proceedings. Sd/- (B M SHYAM PRASAD) JUDGE RB