- 1 - HC-KAR NC: 2025:KHC:54278 WP No. 21084 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.21084/2025 (GM-DRT) BETWEEN: M/S. ROOPESH PROVISION STORES (PROPRIETOR CONCERNED) REPRESENTED BY ITS PROPRIETOR SRI RANGASWAMY S/O NARASAIAH AGED ABOUT 55 YEARS R/AT NO.2345, 1ST STAGE DEVANNUR LAYOUT, N.R. MOHALLA, MYSURU-570019 PAN CARD: BSKPR0025H PH:9972033518. …PETITIONER (BY SRI. MURTHY D. L., ADVOCATE) AND: 1. THE AUTHORIZED OFFICER AND THE MANAGER ARKA FINCAP LIMITED A COMPANY INCORPORATED UNDER COMPANIES ACT 2013 REG. OFFICE AT NO 2504, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54278 WP No. 21084 of 2025 ONE LODHA PALACE, S B.MARG, LOWER PAREL, MUMBAI-400013 HAVING ITS BRANCH OFFICE AT WEKREATE SPACE, NO.658, 2ND FLOOR, MIG-12, BLOCK NO.9, VISHVAMANAVA DOUBLE ROAD SARASWATHIPURAM, MYSURU-570006. 2. MR.MOHAMMED ARSHAD S/O LATE KHALEELUR RAHAMAN AGED ABOUT MAJOR NO.4828, THYAGARAJ COLONY NANJANGUD (RURAL) MYSURU-571301. …RESPONDENTS (BY SMT. ANUPARNA BORDOLOI, ADVOCATE FOR R1 SMT. NIVEDITHA PRAKASH, ADVOCATE FOR R2) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE SALE CERTIFICATE DATED 03-02-2025, AT ANNEXURE-A, ISSUED BY 1ST RESPONDENT BANK IN FAVOUR OF THE 2ND RESPONDENT, BY DECLARING IT AS ILLEGAL AND VOID AB INITIO SINCE, THE MEASURES INITIATED BY THE 1ST RESPONDENT BANK IS NOT BINDING ON THE PETITIONER 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:54278 WP No. 21084 of 2025 ORAL ORDER The present writ petition is filed seeking the following prayer: “WHEREFORE, the petitioner prays that this Hon’ble Court be pleased to, a. Quash the sale certificate dated 03.02.2025, at Annexure-A, issued by 1st respondent bank in favour of the 2nd respondent, by declaring it as illegal and void ab initio since, the measures initiated by the 1st respondent bank is not binding on the petitioner. b. Restore the possession of the schedule properties to the petitioner. c. To grant such other relief/s as this Hon’ble Court may deem fit and proper in the circumstances of the instant case, in the interests of justice and equity.” 2. The relief that is sought in the writ petition is to quash the sale certificate. This Court is not inclined to go into the merits of the matter. The petitioner has an effective and alternative remedy and this Court is not inclined to entertain this writ petition. Hence, this Court is passing the following: - 4 - HC-KAR NC: 2025:KHC:54278 WP No. 21084 of 2025 ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioner to avail the appropriate remedy before the Debt Recovery Tribunal. ii. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN CT:bms List No.: 1 Sl No.: 24