- 1 - HC-KAR NC: 2025:KHC:53184-DB WP No. 29115 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 29115 OF 2024 (GM-DRT) BETWEEN: 1. SRI E H LAKSHMAN S/O LATE SRI HONGAPPA AGED ABOUT 66 YEARS R/AT NO.1 5TH CROSS SYNDICATE BANK COLONY END ROAD RANGANATHAPURA BENGALURU-560079 …PETITIONER (BY SRI HIREMATH JAGADISH DARUKASWAMY, ADVOCATE) AND: 1. UNION BANK OF INDIA ASSETS RECOVERY BRANCH NO.583/584 II FLOOR "POOJA COMPLEX" AVENUE ROAD BENGALURU-560002 REPRESENTED BY ITS CHIEF MANAGER AND AUTHORIZED OFFICER Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53184-DB WP No. 29115 of 2024 2. SRI ABHINAV GUPTA S/O SRI AMIT GUPTA AGED ABOUT 49 YEARS M/S LEVEL-C ACCENTURE- SERVICES PRIVATE LIMITED NO.4/1 "B.C. KNOWLEDGE CENTRE" BANNERGHATTA ROAD BENGALURU-560006 …RESPONDENTS (BY SMT. SHWETHA RAVISHANKAR, ADVOCATE FOR R-1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER BY SETTING ASIDE THE IMPUGNED ORDER PASSED BY THE DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI IN RA(SA) 27/2017 DATED 05.10.2017 AS PER ANNEXURE-K AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:53184-DB WP No. 29115 of 2024 CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) 1. The present writ petition has been filed under Article 227 of the Constitution of India impugning the order dated 05.10.2017 passed by the Debts Recovery Appellate Tribunal (DRAT) at Chennai in RA(SA) No.27/2017. 2. The petitioner is an auction purchaser of the property mortgaged to the respondent No.1-bank by the respondent No.2- borrower. The auction sale came to be set aside by the DRT in S.A.No.552/2013 instituted by the borrower vide order dated 19.06.2015. The respondent No.1-bank challenged the said order before the DRAT in RA (SA) No.27/2017. The DRAT has set aside the order passed by the DRT and has confirmed the auction sale. After eight years from the date of the order passed by the DRAT i.e., 05.10.2017, the auction purchaser has approached this Court by filing the present writ petition for the following reliefs: - 4 - HC-KAR NC: 2025:KHC:53184-DB WP No. 29115 of 2024 "i) Issue writ of certiorari or any other writ or order by setting aside the impugned order passed by the Debt Recovery Appellate Tribunal Chennai in RA(SA) 27/2017 dated 05/10/2017 as per Annexure-K. ii) Issue writ of mandamus or any other writ order or direction, directing 1st respondent to refund the entire auction money paid to it of Rs.69,40,000/- along with a liquidated damaged equivalent to the said amount with interest at the rate of 10% P.A. as per the order passed by DRT Bengaluru in S.A.552/13 dated 19-6-2015 as per Annexure H." 3. We have considered the submissions. The writ petition suffers from gross delay and laches inasmuch as the order passed in the year 2017 has been challenged in the present writ petition. Even otherwise, the auction purchaser cannot seek refund of the sale consideration paid by him once the auction is confirmed in his favour. - 5 - HC-KAR NC: 2025:KHC:53184-DB WP No. 29115 of 2024 4. Thus, we dismiss this writ petition on the ground of gross delay and laches as well as on merit. SD/- (D K SINGH) JUDGE SD/- (TARA VITASTA GANJU) JUDGE BKV List No.: 1 Sl No.: 18