- 1 - HC-KAR NC: 2025:KHC:51543 WP No. 36560 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 36560 OF 2025 (GM-DRT) BETWEEN: MRS. M N JAYALAKSHMI W/O RAMASHETTY AGED ABOUT 63 YEARS NO. 145, 60FT ROAD, BEML 5TH STAGE, NEAR SHAKTI HILLS RESORT, RAJARAJESHWARI NAGAR, BANGALORE-560 096 …PETITIONER (BY SMT.PRIYA P, ADVOCATE) AND: 1. THE AUTHORISED OFFICER ARB DIVISIONAL OFFICE BUILDING, NO. 6, SHRI VASAVI TEMPLE ROAD SAJJAN RAO CIRCLE, VV PURAM, BANGALORE, KARNATAKA – 560 004 2. M/S CUBATIC INFRA AND POWER (P) (L) REPRESENTED BY ITS MANAGING DIRECTOR Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51543 WP No. 36560 of 2025 MR. SATHIBABU THIPARTHI HAVING ITS REGISTERED OFFICE AT 2ND FLOOR, DWARKA HEIGHTS, PLOT NO. 17, JUBILEE ENCLAVE, MADHAPUR, HITECH CITY, HYDERABAD – 500 081 3. MR. SATHIBABU THIPARTHI S/O SURAYANARAYANA THIPARTHI, RESIDING AT PLOT NO. 149, ESWAR VILLAS, NIZAMPET ROAD, KUKATPALLY, NIZAMPET, HYDERABAD -500 072 4. MRS. SAI DEEPTHI KESANA, W/O PHANI KUMAR GUDIDEVUNI, FLAT NO. 302, SAI KALYAN RESIDENCY, BANDARI LAYOUT, NEAR NRI COLLEGE, NIZAMPET, QUTUBULLAPUR, K.V. RANGAREDDY, HYDERABAD-500 090 …RESPONDENTS (BY SMT.SAVITHA SHETTY, ADVOCATE FOR SRI.THEJAS RAI K., ADVOCATE) THIS PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI ANY OTHER APPROPRIATE WRIT/ORDER QUASHING THE IMPUGNED SALE NOTICES DATED 11.11.2025 IN ANNEXURE-A ISSUED BY RESPONDENT NO.1 BANK. - 3 - HC-KAR NC: 2025:KHC:51543 WP No. 36560 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed questioning the sale notice dated 11.11.2025 issued by the respondent No.1-Bank and also to declare the SARFAESI proceedings initiated by the Bank against the petitioners property as null and void. 2. Learned counsel appearing for the petitioner submits that no notice is issued under Section 13 (2) and Rules 3, 8 & 9 of the Rules, 2002. It is also submitted that Respondent no.1- Bank has initiated the SARFAESI proceedings and issued the sale notice without following the procedure as contemplated under the SARFAESI Act. The repeated issuance of sale notices dated 15.09.2025, 11.11.2025 and earlier notices are withdrawn without serving statutory notice under Section 13(2) of the Act and without complying with Rules 8(6) and 9(1) demonstrates that there is mala fide intention on the part of the Bank and non-application of mind. It is further submitted that the cause of action arose on 15.09.2025 when the - 4 - HC-KAR NC: 2025:KHC:51543 WP No. 36560 of 2025 Respondent-Bank issued the first sale notice and further cause of action arose on 11.11.2025 when another sale notice was issued and the petitioner is before this court. 3. Learned counsel appearing for the respondent-Bank submits that as per the Sale Notice, the Auction was conducted on 11.11.2025 and auction purchaser has paid the 25% of the amount. It is submitted that the Bank has followed the procedure contemplated under SARFAESI Act, 2002 and infact notice under Section 13(2) was issued in the year 2022 and there is no irregularity. It is submitted that if the petitioner is aggrieved by any of the action of the Bank, the petitioner has an effective remedy before the DRT but he cannot come before this court and the present writ petition is not maintainable. 4. Having heard the learned counsel on either side, perused the entire material on record. This writ petition is filed questioning the sale notice and already the sale is conducted and as such writ petition has become infructuous. If the petitioner has any claims about the manner in which the SARFAESI proceedings are initiated by the Bank, petitioner has - 5 - HC-KAR NC: 2025:KHC:51543 WP No. 36560 of 2025 an alternative remedy to go before the DRT and this Court is not inclined to pass any orders in this writ petition. 5. Accordingly, this court is passing the following: ORDER i. The writ petition is disposed of giving liberty to the petitioner to avail the alternative remedy in accordance with law. ii. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 31