- 1 - HC-KAR NC: 2025:KHC:39819 WP No. 30234 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 30234 OF 2025 (GM-RES) BETWEEN: SRI. VASANTH N S/O NARAYANAPPA, AGED ABOUT 39 YEARS, FOF-01, JNANA NIVAS APARTMENT, 5TH STAGE, BEML LAYOUT, RAJARAJESHWARINAGAR, BENGALURU 560098 PHONE 9845757767 E-MAIL VASANTHN@HOTMAIL.COM …PETITIONER (BY SRI. ROHITH R KAMATH.,ADVOCATE) AND: 1. STATE BANK OF INDIA REPRESENTED BY ITS AUTHORIZED OFFICER SRI RAGHUNANDAN K, ASSISTANT GENERAL MANAGER AND AUTHORISED OFFICER, STATE BANK OF INDIA, HAVING BRANCH ADDRESS AT 2ND FLOOR, OFFICE COMPLEX BUILDING, SBI LHO CAMPUS, NO 65, ST MARKS ROAD, BENGALURU 560001 PHONE 080-25943470 2. M/S TAPOVAN PROJECTS A PARTNERSHIP FIRM REPRESENTED BY ITS PARTNERS, A K SRIRAM, S/O LATE V KRISHNAMURTHY, AGED ABOUT 57 YEARS, R/O NO 1042, 104/3, 104/4, CARIS BROOK, MADARAGALLI VILLAGE, VARUNA HOBLI, MYSURU TALUK, MYSURU 572311 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39819 WP No. 30234 of 2025 B RAJALAKSHMI A NARAYAN W/O LATE K AJIT NARAYAN, AGED ABOUT 58 YEARS, R/O SERENE 7/A, A1 BLOCK, VASU LAYOUT, DATTAGALLI, MYSURU 570022 C BHAVANA RAKER W/O BRUHAT V RAKER, D/O LATE K AJIT NARAYAN, AGED ABOUT 34 YEARS, R/O NO 51, THOROUGH BRED DRIVE, CLYDE NORTH VIC AUSTRALIA 3978 …RESPONDENTS (BY SMT. G.K. BHAVANA., ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT FOR QUASH / SETTING ASIDE THE AUCTION NOTICE PRODUCED AT ANNEXURE-C DATED 11.09.2025 BEARING TENDER NUMBER SBIN200032618391 ISSUED BY SRI. RAGHUNANDAN K ASSISTANT GENERAL MANAGER AND AUTHORIZED OFFICER, STATE BANK OF INDIA, RESPONDENT NO.1 AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Smt.G.K.Bhavana., learned counsel is directed to accept notice for respondent No.1. 2. The petitioner is before this Court seeking for the following reliefs; - 3 - HC-KAR NC: 2025:KHC:39819 WP No. 30234 of 2025 a. Issue a writ of certiorari or any other writ for quashing/setting aside the Auction Notice produced at Annexure-C dated 11.09.2025 bearing Tender Number SBIN200032618391 issued by Sri. Raghunandan K Assistant General Manager and Authorized Officer, State Bank of India, Respondent No.1 and b. Issue a writ of mandamus or any other writ directing the stay on appropriation of the monies raised from the Auction proceedings in connection with the Schedule property in the Sale Notice produced at Annexure-C dated 11.09.2025 bearing Tender Number SBIN200032618391, issued by Sri. Raghunandan K, Assistant General Manager and Authorized Officer, State Bank of India, Respondent No.1, till such time that the proceedings in matters on record in SC/29/RA/46/2024 before the Hon’ble State Consumer Dispute Resolution Commission produced at Annexure- E and pending. c. Grant such other and further relief(s) as this Hon’ble Court may deem fit and proper in light of the facts and circumstances of the case, in the interest of justice and equity. 3. Essentially what has been challenged is an auction proposed to be conducted by the respondent No.1- Lender Bank in view of the default by loan account by the borrower. 4. Learned counsel for the petitioner by relying on the decision of the Hon’ble Apex Court in Civil Appeal No.1872 of 2016 between Central Bank of India & Anr., Vs. Smt.Prabha Jain & Ors., seeks to - 4 - HC-KAR NC: 2025:KHC:39819 WP No. 30234 of 2025 contented that this Court would have jurisdiction to grant the reliefs which have been sought for in the present matter. 5. The decision in Smt.Prabha Jain’s case was one where a suit had been filed seeking for a declaration that the sale deed and mortgage deed are nullities and the possession of the land is required to be given to the plaintiff after demolishing the construction. It is in that background, that the Hon’ble Apex Court came to a conclusion that the reliefs which have been sought for before the Civil Court could not be granted before the Tribunal and as such Section 34 of the SARFAESI Act, 2002 would not be applicable. 6. In the present matter what has been sought for is for setting aside the auction notice produced at Annexure-C and for a mandamus directing stay of appropriation of the money raised from the auction proceeding in connection with the schedule property. The present petition is a writ petition not a civil suit - 5 - HC-KAR NC: 2025:KHC:39819 WP No. 30234 of 2025 which was the subject matter of the Smt.Prabha Jain’s case. In that view of the matter, I am of the considered opinion that Smt.Prabha Jain’s case would not be applicable to the present case. 7. The petitioner has an alternative efficacious remedy in terms of proceedings under Section 17 of the SARFAESI Act, 2002, reserving liberty to the petitioner, if so advised, the petition stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 5