- 1 - HC-KAR NC: 2025:KHC-D:14766 WP No. 107249 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107249 OF 2025 (GM-RES) BETWEEN: MRS. SHOBHADEVI FAKEERAGOUDA SIDDANAGOUDAR, AGE: 43 YEARS, NO. 794, MAIN ROAD, AT/ POST. HOSUR, TQ. SAVADATTI, DIST. BELAGAVI – 591 111. …PETITIONER (BY SRI. BASAVARAJ S. SATANNAVAR, ADVOCATE) AND: 1. CHIEF MANAGER AND AUTHORIZED OFFICER M/S BANK OF INDIA, ASSET RECOVERY BRANCH BENGALURU, ZONE NO. 11, 1ST FLOOR, KEMPEGOUDA ROAD, BENGALURU – 560 009. 2. BRANCH MANAGER, BANK OF INDIA, BAILHONGAL BRANCH, BAILHONGAL, DIST. BELAGAVI – 591 102. …RESPONDENTS (BY SRI. S.A.SANDUR, ADVOCATE FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUESH THE E-AUCTION SALE NOTICE FOR THE IMMOVABLE ASSETS UNDER THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT-2002 READ WITH PROVISO TO RULE 8(6) OF THE SECURITY INTEREST (ENFORCEMENT) RULES, 2002 ON 01-09-2025 AND FIXED THE DATE FOR THE AUCTION OF THE PROPERY ON 09/10/2025 DESCRIBED AS RESIDENTIAL PLOT AT TMC NO 733K/10(10), RS NO.33/B OLD RS NO.33/2 PLOT NO.10(10) MEASURING 204 SQ METER SITUATED AT HOSUR ROAD, NEAR SIDDESHWAR GARDEN, BAILHONGAL TALUK DIST. BELAGAVI. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:14766 WP No. 107249 of 2025 THE COPY OF THE NOTICE IS PRODUCED AND MARKED AS ANNEXURE-D. SO FOR AS PETITIONER IS CONCERNED. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.1 BANK TO CONSIDER THE REPRESENTATION GIVEN ON 16/09/2025 THROUGH THE RESPONDENT NO.2 BY THE PETITIONER AND PERMIT THE PETITIONER TO PAY THE DEBT WITH INTEREST ACCORDING TO LAW ACCORDING TO REPRESENTATION ANNEXURE- E AND ETC., THIS WRIT PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: A. Issue a writ in the nature of Certiorari and quesh the E-Auction sale notice for the immovable Assets under the securitization and reconstruction of financial assets and enforcement of security interest Act-2002 read with proviso to rule 8(6) of the security interest (enforcement) rules, 2002 on 01-09-2025 and fixed the date for the auction of the property on 09/10/2025 described as residential plot at TMC no 733k/10(10), RS no.33/b Old RS No.33/2 Plot No.10(10) measuring 204 sq meter situated at Hosur Road, near Siddeshwar garden, Bailhongal Taluk Dist. Belagavi. the copy of the notice is produced and marked as Annexure-D. so for as petitioner is concerned. B. Issue a writ in the nature of mandamus directing the respondent no.1 bank to consider the representation given on 16/09/2025 through the Respondent No.2 by the Petitioner and permit the petitioner to pay the debt with interest according to law according to representation Annexure- E. C. Issue such any other appropriate writ, order or direction or any consequential relief as this Hon’ble - 3 - HC-KAR NC: 2025:KHC-D:14766 WP No. 107249 of 2025 court deems fit under the facts and circumstances of the case, in the interest of justice and equity. 2. A Coordinate Bench of this Court on 26.09.2025 had passed the following order: “1. Sri.K.L.Patil, learned counsel who has filed caveat for respondent No.1, accepts notice for respondent Nos.1 and 2. 2. The submission of the counsel for the petitioner is that the dues of the petitioner as on 22.07.2025 is ₹83,18,742.52/- as per the notice issued of the even date. 3. His submission is that given 4 weeks time, the petitioner would make payment of a sum of ₹15,00,000/-. 4. In that view of the matter, though the auction shall go on, the respondents are restrained from confirming the auction for a period of 4 weeks from today, i.e. until 24.10.2025. 5. If the petitioner were not to make payment of the said sum of ₹15,00,000/-, the interim order would stand automatically vacated, entitling the respondents to confirm the auction. 6. Relist on 29.10.2025. 7. The submission of counsel for the petitioner is that in the meanwhile the petitioner would approach the bank for One Time Settlement.” 3. The observation was deposit of ₹.15,00,000/- and then approach the bank for one time settlement. The learned - 4 - HC-KAR NC: 2025:KHC-D:14766 WP No. 107249 of 2025 counsel appearing for the respondent submits that not a rupee has been paid pursuant to the order passed by the Coordinate bench of this Court on 26.09.2025. Therefore, there can be no indulgence shown at the hands of this Court more so in the light of the fact that the Apex Court has time and again directed that this Court should not interfere in matters concerning the action of the Bank under the SARFAESI Act, 2002. 4. In that light, the petition stands rejected, reserving liberty to the petitioner to avail of such remedy as is available in law. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE VNP/CT-ASC List No.: 1 Sl No.: 14