- 1 - NC: 2025:KHC-D:5961 WP No. 107981 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 107981 OF 2024 (GM-RES) BETWEEN: M/S GOUDAR JAGGERY PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT: GANESH TEMPLE ROAD, MUDHOL, BAGALKOT DISTRICT, KARNATAKA, REPRESENTED BY ITS MANAGER (ADMIN), MR. SUBAS BENAKATTI. … PETITIONER (BY SRI. S.B. HEBBALLI, ADVOCATE FOR SRI. PRANAV UMESH BADAGI, ADVOCATE) AND: 1. BANK OF INDIA, THROUGH ITS CHIEF MANAGER AND AUTHORIZED OFFICER, ASSET RECOVERY BRANCH, BENGALURU ZONE, NO.11, 1ST FLOOR, BANK OF INDIA, KEMPEGOWDA ROAD, BENGALURU-560 009. 2. THE ZONAL MANAGER, BANK OF INDIA, ZONAL OFFICE, BENGALURU ZONE, BENGALURU. 3. THE CHAIRMAN AND MANAGING DIRECTOR, BANK OF INDIA, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5961 WP No. 107981 of 2024 HEAD OFFICE, STAR HOUSE, C-5, G BLOCK, BANDRA KURLA COMPLEX, MUMBAI-400 051. … RESPONDENTS (BY SRI. S.S. NAGANAND, SENIOR COUNSEL FOR SRI. K.L. PATIL, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR HEARING- INTERLOCUTORY APPLICATION, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.S.B.Hebballi., counsel on behalf of Sri.Pranav Umesh Badagi., for the petitioner has appeared in person. Sri.S.S.Naganand., Senior Counsel on behalf of Sri.K.L.Patil., for the respondents has appeared through video conferencing. 2. The captioned Writ Petition is filed seeking following reliefs: (a) Issue an appropriate writ to quash the Sale Notice No. BZO/ARB/SALE NOTICE/2024-25/AK/53 dated 29.11.2024 issued by the first respondent-Bank vide Annexure-A. - 3 - NC: 2025:KHC-D:5961 WP No. 107981 of 2024 (b) Direct the first respondent - Bank to consider the petitioner’s restructuring/ OTS proposal dated 09.12.2024 on merits and in accordance with RBI guidelines vide Annexure-B. (c) Direct the first respondent - Bank to consider sanctioning additional facilities for completing the pending work and rectification of technical deficiencies. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. This Court vide order dated 07.01.2025 had granted an interim order subject to the condition that the petitioner would deposit 10% within the next six weeks and 10% within six weeks after the expiry of the aforesaid six weeks. Senior Counsel on instructions submits that the petitioner has not complied with the interim order and sale certificate has been issued on 28.03.2025. Hence, the petition does not survive for consideration as of today. Therefore, Senior Counsel submits that an appropriate order may be passed. - 4 - NC: 2025:KHC-D:5961 WP No. 107981 of 2024 5. Submission is placed on record. The E-Auction sale notice cannot be called into question by invoking the Writ jurisdiction. Moreover, the auction has already been held and sale certificate has been issued on 28.03.2025. Hence, I decline to exercise power under Writ jurisdiction. 6. Resultantly, the Writ Petition is rejected. Because of the rejection of the Writ Petition, all pending interlocutory applications, if any are disposed of, and the interim order, if any granted by this Court stands discharged. Sd/- (JYOTI MULIMANI) JUDGE RH LIST NO.: 2 SL NO.: 11