- 1 - HC-KAR NC: 2025:KHC:43388 WP NO.22477 OF 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.22477 OF 2023 (GM-RES) BETWEEN: AYAZ PASHA S/O MAHAMMED ZAMEER, AGED ABOUT 45 YEARS, R/AT NO.19/1-3, KEMP ROAD, PULKESHINAGAR, BENGALURU - 560 005. …PETITIONER (BY SRI. MOHAMMED TAHIR, ADVOCATE) AND: AUTHORIZED OFFICER THE BANGALORE CITY CO-OPERATIVE BANK LTD. ADMIN OFFICE AT:NO.3, PAMPAMAHAKAVI ROAD, CHAMARAJAPET, BENGALURU - 560 018. …RESPONDENT (BY SRI. LOKESH K.V., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT-BANK TO DECLARE THE PETITIONER AS SUCCESSFUL BIDDER IN THE E-AUCTION SALE OF SCHEDULE PROPERTY CONDUCTED ON 21ST SEPTEMBER, 2023 AS PER THE SALE NOTICE DATED 19TH AUGUST, 2023 WHEREIN SCHEDULE PROPERTY MENTIONED AT SERIAL NO.2 VIDE ANNEXURE-A; AND ETC. Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43388 WP NO.22477 OF 2023 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this petition, the petitioner has sought for direction to the respondent to declare that the petitioner is a successful bidder in the E-auction Sale of schedule property conducted on 21st September, 2023 as per the Sale Notice dated 19th August, 2023 (Annexure-A). 2. Heard Sri. Mohammed Tahir, learned counsel appearing for the petitioner and Sri. Lokesh K.V., learned counsel appearing for the respondent. 3. Sri. Mohammed Tahir, learned counsel appearing for the petitioner contended that the petitioner has participated in the bid pursuant to the issuance of Sale Notice as per Annexure-A and was a successful bidder, however, the respondent-Bank has not declared the petitioner as a successful bidder. Accordingly, he sought for interference of this Court. 4. Per contra, Sri. Lokesh K.V., learned counsel appearing for the respondent, submitted that the petitioner is - 3 - HC-KAR NC: 2025:KHC:43388 WP NO.22477 OF 2023 having an efficacious remedy under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 Act. Accordingly, he submits that the writ petition is not maintainable. 5. In the light of the submission made by learned counsel appearing for the parties and taking into account the factual aspects on record, I am of the view that the petitioner has to establish his legal right to declare as successful bidder. Perusal of the writ papers would indicate that the respondent- Bank has not taken any decision pursuant to the issuance of sale notice and therefore, the petitioner cannot claim as declared to be as successful bidder, since the same is in the domain of the respondent-Bank and that apart, the sale certificate is not issued in favour of the petitioner, the petitioner has no legal right to seek writ of mandamus against the respondent-Bank. Accordingly, writ petition is dismissed. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 25