- 1 - HC-KAR NC: 2025:KHC:46082 WP No. 31306 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 31306 OF 2025 (GM-DRT) BETWEEN: SRI ASHOKA C S/O LATE CHIKKA ABBAIAH AGED ABOUT 64 YEARS R/AT NO.13, CHIKKABAIAH ROAD, OPP. MAY FLOWER GARDEN, NAGAVARAPALYA, BENGALURU NORTH, BENGALURU - 560093 …PETITIONER (BY SRI. MAHESHKIRAN SHETTY S., ADVOCATE) AND: 1. THE RESERVE BANK OF INDIA CENTRAL OFFICE, 10TH FLOOR, CENTRAL OFFICE BUILDING, SHAHID BHAGAT SINGH MARG, POST BOX NO.10014 MUMBAI - 400 001 REPRESENTED BY ITS AUTHORISED OFFICER Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46082 WP No. 31306 of 2025 2. TUMKUR GRAIN MERCHANTS CO-OPERATIVE BANK LTD., ADMIN OFFICE. B H ROAD, TUMKUR - 572 103 REPRESENTED BY ITS AUTHORISED OFFICER …RESPONDENTS (BY SRI. K.V.LOKESH, ADVOCATE FOR C/R2;) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION TO QUASH THE SALE NOTICE DATED 15.09.2025 ISSUED BY THE RESPONDENT NO. 2 BANK BEARING REF. NO.S TGMCB/SEC/55/2025-26 VIDE ANNEXURE-D IN SO FAR AS PETITIONER IS CONCERNED., AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:46082 WP No. 31306 of 2025 ORAL ORDER The writ petition is filed seeking for the following reliefs: (a) Issue a Writ in the nature of Certiorari or any other appropriate writ or direction to quash the sale notice dated 15.09.2025 issued by the Respondent No. 2 bank bearing ref. No.s TGMCB/SEC/55/2025-26 vide Annexure-D in so far as petitioner is concerned (b) Issue a Writ in the nature of Certiorari or any other appropriate Writ or direction to quash the sale notice dated 15.09.2025 issued by the Respondent No. 2 bank bearing Ref. No. TGMCB/SEC/56/2025-26 vide Annexure-E; in so far as petitioner is concerned (c) Issue a Writ in the nature of Certiorari or any other appropriate Writ or direction to quash the sale notice dated 15.09.2025 issued by the Respondent No. 2 bank bearing Ref. C No. TGMCB/SEC/57/2025-26 vide Annexure-F in so far as petitioner is concerned (d) Pass any other order and direction as this Hon'ble Court deems fit to pass under the facts and circumstances of the case, in the interest of justice and equity. 2. On 16.10.2025, this Court has passed the following order: "The writ petition is filed questioning the sale notice dated 15.09.2025, the sale is scheduled to be held on 17.10.2025. Learned counsel appearing for the petitioner submits that the bank had failed to follow the procedure and no notice is issued to him as per Section 13(2) of Chapter III of the SARFAESI Act, 2002 and the account has been declared as NPA during the Covid time which the respondents ought not to have done. - 4 - HC-KAR NC: 2025:KHC:46082 WP No. 31306 of 2025 Learned counsel appearing for the respondents on instructions submits that the account was declared NPA in the year 2018 and they have followed the procedure and this writ petition is not maintainable. Learned counsel appearing for the petitioner submits that they are ready to pay an amount of Rs.1 Crore by 17.10.2025 before the auction is held and by 06.11.2025 they will be paying Rs.5 Crores and they will also pay the remaining amount within a short time. Hence, the auction that is scheduled to be held on 17.10.2025 may be stayed. Whether the notice as per Section 13(2) of Chapter III of the SARFAESI Act, 2002 was issued to the petitioner or not, unless the respondent/bank files their objections and place all the documents on record, this Court will not be a position to decide the dispute involved in this petition. Considering the fact that the petitioner is ready to pay the amounts, this Court deems it appropriate to pass the following: ORDER i. The respondents are at liberty to proceed with the auction scheduled for tomorrow i.e., on 17.10.2025. However, they shall not finalize subject to the condition that the petitioner shall pay an amount of Rs.1 Crore before the auction i.e., on 17.10.2025 before 11.05 am. ii. The petitioner shall pay an amount of Rs.5 Crores by 06.11.2025. By that time, if Rs.5 Crores is not paid, the respondents are at liberty to finalize the sale. List this matter on 10.11.2025. Hand delivery is permitted." 3. Learned counsel for the petitioner submits that if the petition becomes infructuous, the auction sale should not have been held on 17.10.2025 and further, they had a - 5 - HC-KAR NC: 2025:KHC:46082 WP No. 31306 of 2025 negotiation with the Bank and the Bank had given three months time to deposit the outstanding amount. 4. Learned counsel appearing for the respondent No.1/Bank submits that as on that day, the auction sale could not take place, but as far as the submission with regard to the three months granted to the petitioner, as per his instructions, they have not given three months time as submitted by the petitioner. 5. Considering the fact that the prayer sought in the writ petition is questioning the sale notice and as the sale could not be held on that day, the writ petition has become infructuous. 6. Accordingly, the writ petition stands dismissed as infructuous. All IA’s in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE GJM List No.: 1 Sl No.: 12