- 1 - HC-KAR NC: 2025:KHC:30936 WP No. 25953 of 2024 C/W WP No. 15793 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO.25953 OF 2024 (GM-DRT) C/W WRIT PETITION NO.15793 OF 2025 (GM-RES) IN WP NO.25953/2024: BETWEEN: 1. M/S. P S N MINES AND MINERALS A PARTNERSHIP FIRM HAVING ITS PLACE OF BUSINESS AT NO.204-A, 2ND FLOOR NO.136, CEARS PLAZA, RESIDENCY ROAD BENGALURU - 560 025 (REPRESENTED HEREIN BY ONE OF ITS PARTNERS VIZ., MR. PARVEEZ RAHIM KHAN) 2. M/S. A.R. METALLURGICALS PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS ADMINISTRATIVE OFFICE AT NO.202-A, 2ND FLOOR, 136, CEASERS PLAZA, RESIDENCY ROAD BENGALURU - 560 025 (REPRESENTED HEREIN BY ITS MANAGING DIRECTOR - MR. PARVEEZ RAHIM KHAN) 3. MR. PARVEEZ RAHIM KHAN S/O ABDUL RAHIM KHAN AGED AROUND 64 YEARS Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30936 WP No. 25953 of 2024 C/W WP No. 15793 of 2025 4. MRS. SUHAA PARVEEZ W/O MR. PARVEEZ RAHIM KHAN AGED AROUND 55 YEARS PETITIONERS NO.3 AND 4 ARE RESIDING AT NO.103, 1ST FLOOR, EXPRESS APARTMENTS, 134-35 RICHMOND ROAD BENGALURU-560 025. …PETITIONERS (BY SRI. NAMAN JHABAKH, ADVOCATE FOR SRI. VIVEK HOLLA, ADVOCATE) AND: 1. M/S. PRIDHVI ASSET RECONSTRUCTIONS AND SECURITISATION COMPANY LTD., HAVING ITS OFFICE AT NO.1-55, 4TH FLOOR, RAJA PRAASADAMU MASJID ROAD, KONDAPUR HYDERABAD - 500 084. 2. THE RECOVERY OFFICER - II DEBT RECOVERY TRIBUNAL -I TELEPHONE HOUSE RAJBHAVAN ROAD BENGALURU - 560 001. …RESPONDENTS (BY SRI. FRANCIS XAVIER, ADVOCATE FOR R1; R2 - SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE PROCLAMATION OF SALE CUM E AUCTION SALE NOTICE DATED 19.08.2024 ISSUED BY THE R-2 IN RC NO.14168/2018 IN OA NO.338/2014(ANNX-P) AND THE REGULATIONS - 3 - HC-KAR NC: 2025:KHC:30936 WP No. 25953 of 2024 C/W WP No. 15793 of 2025 THERETO (ANNX-Q) FOR THE SALE OF THE SCHEDULE PROPERTY. IN WP NO.15793/2025: BETWEEN: 1. MRS. NASREEN TAJ RAHIM AGED ABOUT 65 YEARS W/O DR. IQBAL AHMED NO.780, 12TH MAIN, 1ST CROSS HAL II STAGE, INDIRANAGAR BENGALURU-560038. ...PETITIONER (BY SMT. SIRI RAJASHEKAR, ADVOCATE) AND: 1. M/S. PRIDHVI ASSET RECONSTRUTION AND SECURITISATION COMPANY LTD., HAVING ITS OFFICE AT NO.1-55 4TH FLOOR, RAJA PRAASADAMU MASJID ROAD, KONDAPUR HYDERABAD-500 084 [UNDER REGULAR COMPANY ACT] REP. BY ITS MANAGER. 2. MR. PARVEEZ RAHIM KHAN S/O ABDUL RAHIM KHAN AGED AROUND 64 YEARS 3. MRS. SUHAA PARVEEZ W/O MR. PARVEEZ RAHIM KHAN AGED AROUND 55 YEARS PETITIONERS NO.2 AND 3 ARE R/AT NO.103, 1ST FLOOR EXPRESS APARTMENTS 134-35, RICHMOND ROAD BENGALURU-560 025. - 4 - HC-KAR NC: 2025:KHC:30936 WP No. 25953 of 2024 C/W WP No. 15793 of 2025 ...RESPONDENTS (BY SRI. FRANCIS XAVIER, ADVOCATE FOR C/R1; R2 - SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE EVICTION NOTICE DATED 23.05.2025 ISSUED BY THE R1 REF.NO.251/2025/280 VIDE ANNEXURE -E. AND TO GRANT AN INTERIM ORDER TO STAY THE OPERATION OF THE IMPUGNED EVICTION NOTICE DATED 23.05.2025 (ANNEXURE-E) AND ALL FURTHER ACTION WITH RESPECT TO THE SCHEDULE PROPERTY. THESE PETITIONS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petition in W.P. No.25953 of 2024 is by the borrowers and the guarantors calling in question the proclamation of sale dated 19.08.2024. This proclamation of sale is issued pursuant to the Recovery Certificate issued under the Recovery of Debts and Bankruptcy Act, 1993. The petitioner in W.P. No.15793/2025 is one of the guarantors who - 5 - HC-KAR NC: 2025:KHC:30936 WP No. 25953 of 2024 C/W WP No. 15793 of 2025 has secured the loans availed by the other petitioners creating mortgage for her property and she has called in question the orders of the Debt Recovery Tribunal [DRT] under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [SARFAESI Act] in S. A. No.2/2020. This petitioner in S. A. No.2/2020 has also assailed the sale notice under Section 13(4) of the SARFAESI Act. Mr. Naman Jhabakh, the learned counsel for the petitioners in W.P.No.25953/2024, submits that the petitioner's inter se have deposited Rs.2.7 Crores to ensure that there is no precipitation either under the Recovery Certificate or under the SARFAESI Act, that this amount must be credited towards the principal before any action is taken. Mr. Francis Xavier, the learned counsel for the first respondent [the secured creditor and the beneficiary of the Recovery Certificate], submits that: - 6 - HC-KAR NC: 2025:KHC:30936 WP No. 25953 of 2024 C/W WP No. 15793 of 2025 [a] no sale is conducted under the impugned proclamation of sale, [b] the petitioner in W.P. No.15793/2025, even if aggrieved by the DRT's order in S.A. No.2/2020, must avail remedy under Section 18 of the SARFAESI Act, if it is open to her. [c] the amount recoverable by the secured creditor has already crystallized, and as such, Rs.2.7 Crores cannot be given credit towards the principal amount. These submissions are considered as also the submissions made on the previous hearing date viz. 30.07.2025 as regards the petitioners' request for One Time Settlement and the rejection thereof. This Court is of the opinion that there is no reason for interference as no cause is made for exercise of jurisdiction under Article 226 of the - 7 - HC-KAR NC: 2025:KHC:30936 WP No. 25953 of 2024 C/W WP No. 15793 of 2025 Constitution of India, and the petitioners, if aggrieved, must avail their remedy as would be permissible in law. This Court must also observe that, insofar as the petitioners' request to treat the deposit of Rs.2.7 Crores as part of the principal amount, is an aspect that must be considered in the proceedings initiated by them subject to the secured creditor's defence as against such request. The petitions stand disposed of accordingly subject to all just exceptions and law. SD/- (B M SHYAM PRASAD) JUDGE RB