- 1 - HC-KAR NC: 2025:KHC:29872 WP No. 17639 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 17639 OF 2025 (GM-RES) BETWEEN: M/S SVT FOOD AND BEVERAGES MANIPURA VILLAGE, BYRAPURA GRAMA PANCHAYAT, ALUR TALUK, HASSAN-573213. REPRESENTED BY ITS PARTNER SRI GANGADHARASWAMY C, S/O CHIDANANDAMURTHY, AGED ABOUT 44 YEARS, R/AT NO.220, 5TH CROSS, NEAR GANESH TEMPLE, RAVI KIRLOSKAR LAYOUT, BENGALURU-560073. …PETITIONER (BY SRI. B M LOKESH.,ADVOCATE) AND: 1. THE AUTHORIZED OFFICER BANK OF BARODA REGIONAL OFFICE AT NO.208, IST FLOOR, SANTHEPET, BEHIND APMC YARD, B M ROAD, HASSAN-573201. 2. THE BRANCH MANAGER BRANCH OFFICER, Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29872 WP No. 17639 of 2025 NO.59, B M ROAD, NEAR KEB CIRCLE, ALUR HASSAN-573213. …RESPONDENTS (BY SRI. VIGNESH S. SHETTY.,ADVOCATE FOR R1 AND R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE NOTICE DATED 02/06/2025 ISSUED BY THE RESPONDENT BANK FOR AUCTION OF HYPOTHECATED PROPERTY VIDE ANNEXURE-G; B) DIRECT THE RESPONDENTS TO RESTORE THE POSSESSION OF HYPOTHECATED PROPERTY TO THE PETITIONER AND TO RE-SCHEDULE THE EMI FOR REPAYMENT OF LOAN. THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner is aggrieved by the recommencement of sale proceedings by the respondents under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short, 'the - 3 - HC-KAR NC: 2025:KHC:29872 WP No. 17639 of 2025 SARFAESI Act'], and this is by the impugned notice dated 02.06.2025 [Annexure-G]. It remains undisputed that the petitioner has impugned the order under Section 14 of the SARFAESI Act in S.A.No.85/2025 with the DRT which has entertained the application extending interim benefit but on terms, and that the petitioner has failed to comply with the terms and therefore the impugned notice is issued. Insofar as the cause against the impugned notice, this Court must observe that it is admittedly rendered infructuous because the sale is not held on 24.07.2025. The petition must therefore stand disposed of with liberty to the petitioner to pursue the pending application observing that if there is any further proceedings, the petitioner must necessarily invoke the jurisdiction under Section 17 of the SARFAESI Act in the pending proceedings with the DRT or otherwise in a fresh application. - 4 - HC-KAR NC: 2025:KHC:29872 WP No. 17639 of 2025 The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE SA List No.: 2 Sl No.: 29