- 1 - HC-KAR NC: 2025:KHC:26336 WP No. 14721 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 14721 OF 2025 (GM-RES) BETWEEN: 1. MR. RAMACHANDRAIAH B AGED ABOUT 72 YEARS S/O LATE BORAIAH NO.99, ITTAMADU VILLAGE AND POST, BIDADI 562 109 RAMANAGARA TALUK and DISTRICT 2. MR. CHANDRASHEKAR. R AGED ABOUT 47 YEARS S/O MR. RAMACHANDRAIAH B NO.19/A, 1ST MAIN ROAD, 15TH CROSS, MTS LAYOUT, KENGERI UPANAGARA, BENGALURU 560 060 3. MR. BASAVALINGAPPA. R AGED ABOUT 42 YEARS S/O MR. RAMACHANDRAIAH B NO.99, ITTAMADU VILLAGE AND POST, BIDADI 562 109 RAMANAGARA TALUK AND DISTRICT …PETITIONERS (BY SRI. SANTOSH B M.,ADVOCATE) AND: 1. THE AUTHORIZED OFFICER Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26336 WP No. 14721 of 2025 KARNATAKA BANK LTD. ASSET RECOVERY MANAGEMENT BRANCH KARNATAKA BANK BUILDING, FIRST FLOOR WARD NO.29, MARALUR EXTENSION SADASHIVANAGAR, TUMAKURU - 572 105 …RESPONDENT (BY SRI. DIVYA PURANDAR, ADVOCATE) THIS WP IS FILED PRAYING TO - QUASH THE UNNUMBERED DEMAND NOTICE DATED 23.04.2025 ISSUED BY THE RESPONDENTS BANK UNDER THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENDORSEMENT OF SECURITY INTEREST ACT 2002 READ WITH PROVISO TO RULE 8 (6)/ RULE 9 OF SECURITY INTEREST 9ENFORCEMENT) RULED 2002 AT ANNEXURE -A AND ETC., THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioners have called in question the validity of the sale notice dated 23.04.2025. During the pendency of the proceedings, a memo is filed by the counsel for the respondent to the effect that the sale notice was not carried to its logical end owing to the interim order passed by this Court. Accordingly, it is submitted that the present - 3 - HC-KAR NC: 2025:KHC:26336 WP No. 14721 of 2025 petition does not survive for consideration while reserving liberty to take appropriate action as against dues of the petitioner. 2. Learned counsel for the petitioners has filed an application under Section 151 of the C.P.C. requesting for modification of the interim order. 3. At the outset it is to be noticed that since the petition is being disposed of in terms of the observation made above, the question of entering into the modification of the interim order does not arise. However, it is the case of the petitioners that the interim order passed on 20.05.2025 may contain certain factual aspects which are not correct and may be held against the petitioners in subsequent rounds of proceedings. It is submitted that the outstanding of the petitioners mentioned as Rs.45 lakhs in the interim order on 20.05.2025 is not correct and that the outstanding amount is much lesser as is evidenced from the sale notice itself at Annexure 'A'. - 4 - HC-KAR NC: 2025:KHC:26336 WP No. 14721 of 2025 4. Learned counsel for the respondent - bank would submit that the respondent - bank has objections to any observation being made with respect to the arrears of the petitioners in terms of the loan account as interest is to be calculated from 28.04.2014. Suffice it to state that in light of the stand of both sides, the quantification of dues, if any made in the order dated 20.05.2025 is not to be taken as a conclusive finding on the outstanding due. The contentions of both sides are kept open as regards the amount due. 5. It is needless to state in the event of any fresh steps taken by the bank which may be a measure under Section 13, it is open for the petitioners to avail of the substantive remedy as per law. 6. The respondent bank to furnish the detailed statement of accounts from the beginning of the loan account till date upon request made by the petitioners forthwith. - 5 - HC-KAR NC: 2025:KHC:26336 WP No. 14721 of 2025 7. All contentions are kept open. 8. Accordingly, petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE YKL List No.: 1 Sl No.: 4