- 1 - HC-KAR NC: 2025:KHC:53840-DB WA No. 506 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 506 OF 2025 (GM-CFA) BETWEEN: SRI. M.C.ASHOK, S/O. M.S. CHANNEGOWDA, AGED ABOUT 54 YEARS, PROPRIETOR OF SRI LAKSHMI VENKATESHWARA COFFEE TRADING COMPANY CHIKKAMAGALURU. JVS BUILDING, A.I.T CIRCLE, JYOTHINAGAR, CHIKKAMAGALURU- 577 102. R/AT MANJUNATHA NILAYA, CHANNAPURA ROAD, KOTE, CHIKKAMAGALURU - 577 102 …APPELLANT (BY SRI. VENKATESH H N, ADVOCATE) AND: M/S. MARGADARSHI CHITS (KAR) PRIVATE LTD., NO. 1874, 1ST FLOOR, CITY POINT COMPLEX, B.M. ROAD, HASSAN 573 201 (AS PER THE ORDER DATED 10.06.2025 THIS HONBLE COURT THE Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53840-DB WA No. 506 of 2025 RESPONDENT No. 2 TO 8 DELETED) …RESPONDENT (BY SRI. JAYAKUMARA P.P, ADVOCATE FOR R1) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 27.01.2025 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONBLE COURT IN WP No. 5989/2020 (GM-CFA), AND CONSEQUENTLY ALLOW THE WRIT PETITION FILED BY THE APPELLANT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. For the reasons stated in the affidavit accompanying the application - I.A.1/2025, the same is allowed and the delay of 25 days in filing the appeal is condoned. 2. Issue notice. 3. Sri Jayakumar P.P., learned counsel who joined from Video Conferencing accepts notice for respondent No.1. - 3 - HC-KAR NC: 2025:KHC:53840-DB WA No. 506 of 2025 4. The present appeal was listed on 10.06.2025 and was adjourned. It was adjourned at the request of the learned counsel for the appellant on two further occasions as well. In the course of the first hearing, the appellant requested deletion of respondent No.2 to respondent No.8 and the present appeal continued only against respondent No 1. The present appeal was directed to be listed on 06.01.2026, but it has been taken up today on an application filed by the appellant. 5. Considering the scope of the present appeal, we considered it apposite to take up the matter for final hearing. 6. The appellant has filed the present appeal impugning an order dated 27.01.2025 passed by the learned Single Judge in Writ Petition No.5989/2020 [GM-CFA]. The appellant had filed the said petition inter alia impugning an order dated 05.10.2019 passed by the Senior Civil Judge and CJM, Chikkamagaluru, [the Executing Court] for attachment of the schedule property described as vacant site and RCC residential house property constructed thereon situated at CUDA layout, bearing Site No. C-183, 3rd phase of Hiremagalur residential extension, measuring East to West 9.144 - 4 - HC-KAR NC: 2025:KHC:53840-DB WA No. 506 of 2025 metres and North to South 15.24 metres, total 139.35456 square metres [subject property]. 7. The learned Civil Judge declined to dismiss the petition noticing that the respondent had initiated proceedings against the appellant for recovery of the amounts due, which had culminated in the award dated 28.06.2016 against the appellant. The appellant had preferred an appeal before the Joint Registrar of Co-Operative Societies against the said award, which was rejected. The award which is being enforced in the proceedings [Execution No.67/2017] before the executing court, has attained finality. 8. The learned Single Judge has held that since the award had become final, the challenge to the execution proceedings is without merit. 9. It is the appellant's case that the subject property was attached by the HDFC Bank pursuant to the proceedings instituted under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [SARFAESI Act, 2002]. The appellant had filed an application under Section 14 of the SARFAESI Act, [SA 588/2016], which was dismissed in - 5 - HC-KAR NC: 2025:KHC:53840-DB WA No. 506 of 2025 terms of an order dated 10.11.2021. The appellant had thereafter preferred a writ petition being W.P. No.25485/2024 [GM-RES], whereby interim orders were passed, staying the action of HDFC under Section 13(4) of the SARFAESI Act, subject to the appellant depositing certain sums with the registry of this Court. The learned counsel submits that the appellant had complied with the said conditions. Thus, the interim order passed in the said petition continues. However, he states that the entire amount due to HDFC Bank has not been repaid. Therefore, the action under Section 13(4) of the SARFAESI Act has been interdicted at the interim stage. Clearly in the circumstances, the sale of the subject property against which the HDFC Bank has already initiated action for enforcement of its security interests would affect HDFC Bank as well. 10. In view of the above, we consider it apposite to dispose of the writ appeal by directing the respondent to give at least two weeks prior notice to HDFC Bank before proceeding further with execution of the award. All rights and contentions of HDFC Bank and the respondent are reserved and nothing stated in this order should be construed as accepting the respondent's claim over the subject - 6 - HC-KAR NC: 2025:KHC:53840-DB WA No. 506 of 2025 property qua the rights of the HDFC Bank. Since there is no dispute that the respondent has an award in its favour which is required to be executed, we decline the appellant's prayer for interdicting the execution proceedings before the executing Court. 11. The appeal is dismissed with the aforesaid *observation. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE BS List No.: 2 Sl No.: 23 *Corrected vide chamber order dated 06.01.2026