- 1 - HC-KAR NC: 2025:KHC:37364 WP No. 28261 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 28261 OF 2025 (GM-DRT) BETWEEN: SMT SANGEETHA D/O B M TAMMAIAH AGED ABOUT 49 YEARS APPAIAH SWAMY STRET OPPOSITE TO COFFIE RESEARCH CENTRE VIRAJPET TOWN VIRAJPET KODAGU DISTRICT-571277. …PETITIONER (BY SRI. MADHUSUDHANA P N.,ADVOCATE) AND: 1. THE RECOVERY OFFICER-2 THE DEBTS RECOVERY TRIBUNAL-2, BENGALURU, 4TH FLOOR TELEPHONE HOUSE RAJ BHAVAN ROAD BENGALURU PIN -560001. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37364 WP No. 28261 of 2025 2. IDBI BANK REPRESENTED BY ITS CHIEF MANGER IDBI HOUSE NO.58 MISSION ROAD BENGALURU-560027. 3. M/S URBAN INFRASTRUCTURE A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 REPRESENTED BY ITS MANAGING DIRECTOR B T. KUTTAPPA NO.17, NEXT TO ITC INFOTECH BANASWADI MAIN ROAD BENGALURU-560005. 4. SRI B T KUTTAPPA (CD-2) S/O B M TAMMAIAH AGED ABOUT 45 YEARS NO.21, SUBRAMANYA ESTATE YEDOOR VILLAGE AMMATHI POST VIRAJPET TALUK KODAGU DISTRICT-571277. 5. SMT DIPTI NANAIAH (CD-3) D/O NANAIAH AGED ABOUT 40 YEARS NO.441, MINAKSHI APARTMENRS PLAIN STREET, INFANCTRY ROAD BENGALURU-560001. 6. SRI B M THAMMAIAH (CD-4) S/O MUTHANNA - 3 - HC-KAR NC: 2025:KHC:37364 WP No. 28261 of 2025 AGED ABOUT 70 YEARS NO.21, SUBRAMANYA ESTATE YEDOOR VILAGE AMMATHI POST VIRAJPET TALUK KODAGU DISTRICT-571277. 7. SRI NAGAPRASAD (CD -5) S/O LATE R SHIVARAM AGED ABOUT 70 YEARS R/AT 401/1, S C ROAD, SHESHADRIPURAM BENGALURU-560070. 8. SMT SUMITHRA (CD-6) W/O LATE R SHIVARAM AGED ABOUT 53 YEARS R/AT NO.2326, 20TH CROSS K R ROAD, BSK II STAGE BENGALURU-560070. 9. SRI S SRINATH (CD-7) S/O LATE R SHIVARAM AGED ABOUT 58 YEARS R/AT NO.2326, 20TH CROSS K R ROAD BSK II STAGE BENGALURU-560070. 10. SMT S SRIPRYA (CD-8) W/O SRI SAI AGED ABOUT 54 YEARS R/AT NO.320, 31ST CROSS - 4 - HC-KAR NC: 2025:KHC:37364 WP No. 28261 of 2025 BSK II STAGE BENGALURU-560070. …RESPONDENTS (BY SRI.VIGNESH S SHETTY., ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- A. QUASH THE IMPUGNED SALE NOTICE DATED 05.08.2025, ISSUED UNDER SECTION 52(2) OF THE SECOND SCHEDULE TO THE INCOME TAX ACT, 1961 (AS AMENDED), VIDE ANNEXURE-F, IN PURSUANCE OF THE RECOVERY PROCEEDINGS INITIATED IN TRC NO.398/2019 BY THE HON'BLE RECOVERY OFFICER-2, DRT-2, BENGALURU, IN EXECUTION OF THE AWARD PASSED IN TA NO. 471/2017 / OA NO.1338/2012 ON THE FILE OF THE DEBTS RECOVERY TRIBUNAL-2, BENGALURU, IN RESPECT OF THE SCHEDULE RC -B IMMOVABLE PROPERTY, AS BEING ILLEGAL, ARBITRARY, EXCESSIVE, AND UNSUSTAINABLE IN LAW. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:37364 WP No. 28261 of 2025 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner is aggrieved with the issuance of sale notice pursuant to a Recovery Certificate issued upon orders by the Debt Recovery Tribunal under the Recovery of Debts and Bankruptcy Act, 1993 [for short, 'the Act'] and the petitioner's grievance stems from the fact that such sale notice is when there is a pending final decree proceedings. This Court must observe that the petitioner has an alternative remedy under Section 30 of the Act and there is no occasion for this Court's interference when the petitioner has alternative remedy. As such, subject to all just exceptions, the petition stands disposed of. Sd/- (B M SHYAM PRASAD) JUDGE AN/-