- 1 - HC-KAR NC: 2025:KHC:38653 WP No. 29316 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. 29316 OF 2025 (GM-RES) BETWEEN: 1. SRI MUTHAPPA N M., S/O SRI. MUTHANNA N S AGED ABOUT 50 YEARS R/AT NO.11 SIDDALINGAPURA VILLAGE KUSHALANAGARA TALUK KODAGU DISTRICT 571234. 2. SRI MUDDAPPA N M S/O SRI MUTHANNA N S AGED ABOUT 50 YEARS R/AT H NO.35 12TH CROSS C ROAD IDEAL HOMES RAJARAJESHWARI NAGARA BANGALORE 560098. …PETITIONERS (BY SRI. H V MANJUNATHA.,ADVOCATE) AND: 1. CANARA BANK ASSET RECOVERY AND Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38653 WP No. 29316 of 2025 MANAGEMENT BRANCH (ARM BRANCH) CANARA BANK BUILDING HAMPANAKTTA, BALMATTA ROAD MANAGALURU, KARNATAKA 575001 REPRESENTED BY ITS AUTHORIZED OFFICER. …RESPONDENT (BY SRI.K.V. LOKESH., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- QUASH IMPUGNED SALE NOTICE ISSUED UNDER SECTION 13(4) OF SARFASEI ACT, 2002 READ WITH RULE 8 (6) AND 9(1) OF THE SECURITY INTEREST (ENFORCEMENT) RULES 2002, DATED 06.09.2025 IN RESPECT OF PETITIONERS PROPERTY AS PER ANNEXURE -A BY THE RESPONDENT BY ALLOWING IN THIS WP. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:38653 WP No. 29316 of 2025 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners are borrowers of a term loan from the respondent, and they are aggrieved by the respondent bringing the secured asset [property measuring 2 ½ acres in Sy.No.307/3 and 307/4 of Nagavalla village, Elavala Hobli, Mysuru Taluk] to sale. The respondent has issued the impugned E- auction Sale Notice for recovery of Rs.1,84,26,790.98 as of 31.07.2025. The petitioners have also approached this Court on earlier occasions when similar notices were issued, and the details of such earlier petitions are as follows: [a] W.P.No.16861/2024 [GM-RES] The petitioners have filed this petition calling in question what appears to be the first Sale Notice dated 01.06.2024. This writ petition is disposed of - 4 - HC-KAR NC: 2025:KHC:38653 WP No. 29316 of 2025 on 20.09.2024 because the petitioners have not complied with conditions of the interim orders. This Court has observed that the petitioners will be at liberty to challenge any coercive measure in accordance with law. [b] W.P.No.1867/2025 [GM-RES] The petitioners have called in question another Sale Notice dated 19.12.2024. This Court had granted interim order on 24.01.2025 subject to the petitioners depositing a sum of Rs.25,00,000/- within a period of four weeks from the date of the order. However, the petition is finally disposed of in the light of the submission by the respondent that the sale notice could not be taken to its logical end. This Court has also observed that in the event of "any action taken by the respondent - Bank, it is open for the petitioners to take recourse to substantive remedy under Section 17 of SARFAESI Act". - 5 - HC-KAR NC: 2025:KHC:38653 WP No. 29316 of 2025 This Court is of the view that, after this Court's order dated 14.07.2025 in W.P.No.1867/2025 [GM- RES], if any action is commenced by the respondent [such as the present impugned notice], it would be incumbent upon the petitioners to avail remedy under Section 17 of the SARFAESI Act especially when the petitioners cannot justify exceptional circumstances for this Court's intervention under Article 226 of the Constitution of India. As such, the petition stands disposed of with liberty to the petitioners to avail alternative remedy under Section 17 of the SARFAESI Act and the petitioners will be at liberty as aforesaid subject to all just exceptions. Sd/- (B M SHYAM PRASAD) JUDGE SA