- 1 - HC-KAR NC: 2025:KHC:35914 WP No. 27676 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 27676 OF 2025 (GM-RES) BETWEEN: SMT.K. SHOBHA BAI W/O SRI KAMENDRA RAO AGED ABOUT 65 YEARS, R/AT NO.607, 16TH MAIN ROAD, 3RD STAGE, MANJUANTHA NAGAR, RAJAJINAGAR BENGALURU-560010. …PETITIONER (BY SRI. S LAKSHMINARAYANA., ADVOCATE) AND: M/S UNION BANK OF INDIA KORAMANGALA BRANCH OFFICE SURVEY OF INDIA COMPLEX, SARJAPUR ROAD, KORAMANGALA BANGALORE-560002 REPRESENTED BY ITS AUTHORIZED OFFICER AND ALSO AT M/S UNION BANK OF INDIA PESIT BRANCH OFFICE Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35914 WP No. 27676 of 2025 BSK 3RD STAGE, BANGALORE-560085 REPRESENTED BY ITS AUTHORIZED OFFICER AND ALSO AT M/S UNION BANK OF INDIA ASSET RECOVERY BRANCH, BANGALORE NORTH, OFFICE NO.1234, 1ST FLOOR, 4TH MAIN, OPP CHANDRA LAYOUT, BUS STOP CHANDRA LAYOUT, BANGALORE-560040 REPRESENTED BY ITS AUTHORIZED OFFICER …RESPONDENT (BY SRI. P.L. VIJAY KUMAR, ADVOCATE FOR C/R) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE NOTICE DTD. 28.07.2025 AND FURTHER PROCEEDING ISSUED BY RESPONDENT AT ANNX-A BEARING NO. ARB/288/SN-30/19-2025-26. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:35914 WP No. 27676 of 2025 ORAL ORDER The petitioner is aggrieved by the respondent's decision to publish sale notice dated 28.07.2025. The respondent has issued this notice for bringing the property to sale today by e-auction for recovery of its dues in a sum of Rs.48,15,538/-. Sri S. Lakshminarayana, the learned counsel for the petitioner, submits that the petitioner would only request for reasonable time to settle the entire dues and for stopping the e-auction so that there is no precipitation with third party interests being created. Sri P. L. Vijayakumar, the learned counsel on record for the respondent, submits that the auction is on e-portal and as the process has begun, the respondent cannot call off the auction. When queried on the respondent's keenness to bring the subject property to sale, the learned counsel submits that the confirmation of sale could be deferred for a reasonable time with opportunity to the petitioner to - 4 - HC-KAR NC: 2025:KHC:35914 WP No. 27676 of 2025 tender not only the amounts due but also the costs incurred so far. These submissions are considered, and this Court is of the view that interests could be balanced with remedy available to the petitioner under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, if it is stipulated that the respondent defers the confirmation of sale [if there is a responsive offer] by three weeks with liberty to the petitioner to either offer the entire amount with costs or avail remedy under Section 17 of the SARFAESI Act. This Court must also observe that all questions otherwise must be left open to be decided by the Debt Recovery Tribunal. The petition stands disposed of accordingly. SD/- (B M SHYAM PRASAD) JUDGE AN/-