- 1 - HC-KAR NC: 2025:KHC-D:17860 WP No. 104048 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.104048 OF 2025 (GM-RES) BETWEEN: 1. SMT. AARTI MAHESH HONGEKAR W/O. MAHES KRISHNA HONGEKAR AGED ABOUT 44 YEARS OLD 2. SRI. MAHESH KRISHNA HONGEKAR S/O. KRISHNA HONGEKAR AGE ABOUT 45 YEARS OLD BOTH ARE R/AT. FLAT NO.202, 2ND FLOOR D-WING, GANESH BAGH, JAKKERI HONDA, BELAGAVI-590006. …PETITIONER (BY SRI. S.S. AMBALI, ADVOCATE) AND: M/S CANARA BANK, SHAHPUR BRANHC, LAKSHMINARAYANA BUILDING, MAHATMAPHULE ROAD, BELAGAVI-590003 REPRESENTED BY ITS CHIEF MANAGER. …RESPONDENTS (BY SRI. SURESH S. GUNDI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE APPROPRIATE WRIT OR ORDER OR DIRECTION IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED NOTICE DATED 13/06/2025., BEARING. REF.NO.CB/SARMB/HUB/F.NO.207/2025-26/SANCL/DP. ISSUED BY THE RESPONDENT, A COPY OF WHICH IS HEREIN PRODUCED AS ANNEXURE M, AS ILLEGAL AND VOID & ETC. THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.12.12 12:06:00 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17860 WP No. 104048 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: i. Issue appropriate writ or order or direction in the nature of certiorari, quashing the impugned notice dated 13/06/2025., bearing. ref.no.CB/SARMB/HUB/F.NO.207/2025-26/SANCL/DP. issued by the Respondent, a copy of which is herein produced as ANNEXURE M, as illegal and void. ii. Issue appropriate writ or order or direction in the nature of mandamus, declaring the action of the Respondent to be illegal, arbitrary and without authority of law. iii. Issue such other writ or order or direction as this Hon’ble Court may deem fit in the facts and circumstances of the case. 2. This Court on 16.09.2025 had passed the following order: “1. The time granted by this Court, as per its order dated 30.06.2025, is extended by a further period of two weeks. If the petitioner fails to make the payment as directed by 30.06.2025, the respondents shall be at liberty to proceed accordingly, and the interim order shall stand automatically vacated. 2. The auction process may continue; however, its confirmation shall be subject to orders passed by this Court. In the event the payments are not made within the prescribed time, and the interim order stands vacated, the respondents shall be entitled to confirm the auction.” Not a rupee is paid. - 3 - HC-KAR NC: 2025:KHC-D:17860 WP No. 104048 of 2025 3. On 29.10.2025 the following order: “Shri Suresh S.Gundi, learned counsel accepts notice for respondent – Canara Bank. The Coordinate Bench of this Court had granted an interim order of stay on 30.06.2025. Learned counsel for the petitioner submits that an offer has been made to pay Rs.5,00,000/- and the account would be regularized. Solely on the said submission, awaiting further instruction at the hands of the respondent, the interim order shall be continue till the next date of hearing. List the matter on 19.11.2025.” Not a rupee is paid. 4. On 19.11.2025, the following order: “This Court on 30.06.2025, had passed the following order: “Heard learned counsel for the petitioners. Issue notice to respondent. Learned counsel for petitioners submits that petitioners are ready and willing to pay the entire outstanding amount due to the respondent/Bank and also requests the Bank to consider his ‘One Time Settlement’. In view of said submission, the following order is passed: ORDER There shall be stay of impugned notice dated 13.06.2025 bearing No.CB/SARMB/HUB/F.No.207/ 2025- 26/SANCL/DP issued by the respondent/Bank and no further precipitative action shall be taken in respect to properties belonging to petitioners, till next hearing date, subject to condition that petitioners deposit 50% of the - 4 - HC-KAR NC: 2025:KHC-D:17860 WP No. 104048 of 2025 outstanding amount shall be paid within six weeks thereafter. It is made clear that if there is any default, breach or violation of this order, respondent/Bank would be at liberty to proceed further in the matter. Hand delivery of this order is permitted.” The learned counsel appearing for the respondent–Bank submits that not a rupee has been paid pursuant to the orders dated 16.09.2025 and 29.10.2025. There is no representation on behalf of the petitioner. List the matter on 21.11.2025.” Even then not a rupee is paid. 5. Therefore, the petition stands dismissed on account of breach of the interim order and the indication in the interim order. 6. Leaving open the remedy available in law, petition is dismissed. Sd/- (M.NAGAPRASANNA) JUDGE KGK, CT:VP LIST NO.: 1 SL NO.: 139