- 1 - HC-KAR NC: 2025:KHC:50717 WP NO.8994 OF 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.8994 OF 2022 (GM-RES) BETWEEN: SRI. C.N. SHANTHAKUMAR S/O MR. N. NARAYANA REDDY, AGED ABOUT 48 YEARS, R/AT NO.69, 4TH 'A' CROSS, 36TH MAIN, BTM LAYOUT 1ST STAGE, BENGALURU - 560 068. …PETITIONER (BY SMT. SIRI RAJASHEKAR, ADVOCATE) AND: 1. THE ASST. MANAGING DIRECTOR BANK OF MAHARASHTRA, HAVING ITS OFFICE AT: LOKMANGAL 1501, SHIVAJINAGAR, PUNE - 5. 2. THE ASST. GENERAL MANAGER AUTHORISED OFFICER, BANK OF MAHARASHTRA, ASSET RECOVERY BRANCH, NO.13, PAXAL TOWERS, K.R. ROAD, BENGALURU - 560 002. …RESPONDENTS (BY SRI. V.B. RAVISHANKAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS NOT TO GIVE EFFECT TO THE SALE Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50717 WP NO.8994 OF 2022 NOTICE OR FURTHER PROCEEDINGS PURSUANT TO THE SALE NOTICE DATED 07TH APRIL, 2022, WHEREIN THE AUCTION WAS SCHEDULED ON 25TH APRIL, 2022 VIDE ANNEXURE-E AND PASS SUCH OTHER ORDERS AS MAY BE DEEMED APPROPRIATE IN THE ENDS OF JUSTICE AND EQUITY; AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER In this writ petition, the petitioner is seeking direction to the respondents not to give effect to the sale notice or further proceedings pursuant to the issuance of Sale Notice dated 07th April, 2022 (Annexure-E), wherein the auction was scheduled on 25th April, 2022. 2. Heard Smt. Siri Rajashekar, learned counsel appearing for the petitioner and Sri. V.B. Ravishankar, learned counsel appearing for respondents. 3. Having heard the learned counsel appearing for the parties and on perusal of the averments made in the writ petition, I am of the view that the petitioner is having an efficacious remedy to challenge the impugned sale notice before the appropriate Tribunal under the provisions of the - 3 - HC-KAR NC: 2025:KHC:50717 WP NO.8994 OF 2022 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. 4. Therefore, the petitioner is relegated to approach the competent Tribunal. In the event, if the petitioner avails the remedy before competent Tribunal, the period spent by the petitioner before this Court in the present petition shall be condoned under Section 14 of the Limitation Act. 5. However, taking note of the submission made by learned counsel appearing parties, the respondent- Bank is directed not to take any coercive steps against the petitioner for a period of six weeks from the date of receipt of this order. With this observation, writ Petition is disposed of. SD/- (E.S. INDIRESH) JUDGE ARK *Page No.3 retyped and replaced vide Chambers Order dated 09.12.2025.