- 1 - HC-KAR NC: 2025:KHC:30932 WP No. 24035 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.24035 OF 2025 (GM-RES) BETWEEN: 1. MR. ABDUL HAMEED S/O MOHAMMAD K, AGED ABOUT 62 YEARS NO.2, VASTHARE CHIKKAMAGALURU-577101. 2. MRS. KANJUN NASEEMA BANU W/O ABDUL HAMEED AGED ABOUT 56 YEARS OPPOSITE TO MOUNTAIN VIEW SCHOOL, VIDYANAGAR CHIKKAMAGALURU - 577101. …PETITIONERS (BY SRI. MANJUNATH PRASAD H.N., ADVOCATE) AND: CANARA BANK ASSET RECOVERY MANAGEMENT BRANCH VIDYANAGAR, DAVANAGERE - 577 001. REPRESENTED BY ITS AUTHORISED OFFICER …RESPONDENT (BY SRI. VINAY BHAT, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS RELATING TO Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30932 WP No. 24035 of 2025 INITIATION OF E-AUCTION PROCEEDINGS UNDER SARFAESI ACT (SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT) RELATING TO THE PETITIONERS PROPERTIES AS INTIMATED VIDE SALE NOTICE DATED 07-04-2025 ISSUED UNDER SECTION 13(4) OF THE SARFAESI ACT AND TO ISSUE WRIT OF CERTIORARI BY QUASHING THE E-AUCTION DATED 08.08.2025 IN RESPECT OF THE PROPERTIES BELONGING TO THE PETITIONERS AS APPEARING IN THE SALE NOTICE DATED 04.07.2025 ISSUED BY THE RESPONDENT BANK, PRODUCED AT ANNEXURE-E AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners, the borrowers, are aggrieved by the respondent's action to bring the secured assets to sale in terms of the impugned notice under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [SARFAESI Act] read with Rules 8 and 9 of the Security Interest (Enforcement) Rules 2002. The respondent has notified the auction to be held on - 3 - HC-KAR NC: 2025:KHC:30932 WP No. 24035 of 2025 08.08.2025 for recovery of Rs.76,61,024/- as of 02.07.2025. It is stated in unison by Mr. H. N. Manjunath Prasad and Mr. Vinay Bhat, the learned counsels for the parties, that the petitioners have deposited Rs.50,00,000/- on 04.08.2025 and 05.08.2025, and that in view of this deposit, the respondent has called off the sale with due publication and that the petitioners have offered to pay the remaining amount within certain time. Mr. Vinay Bhat, the learned counsel for the respondent, submits that this Court may dispose of the petition without prejudice to the respondent to re- initiate action, if the petitioner fails to pay the remaining amount on or before on 20.08.2025 as undertaken by him in writing with the Bank. Mr. H. N. Manjunath Prasad, the learned counsel for the petitioner, submits that this Court, given the undisputed fact that the petitioners have raised this - 4 - HC-KAR NC: 2025:KHC:30932 WP No. 24035 of 2025 Rs.50,00,000/- despite odds, grant further time. The learned counsel submits that the petitioners will pay the remaining amount as notified and further amounts before 08.09.2025. The question therefore is: should this Court provide an opportunity to the petitioners granting time till 08.09.2025. This Court is of the view that such opportunity must be to the petitioners but without prejudice to the respondent to re-initiate proceedings if there is any failure in this regard. The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE RB