- 1 - HC-KAR NC: 2025:KHC:31886 WP No. 24783 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 24783 OF 2025 (GM-RES) BETWEEN: 1. DR. SYED MOHAMMED ANEES S/O. SYED ABUBAKER, AGED ABOUT 53 YEARS, R/AT.NO.155, 20TH MAIN ROAD, II PHASE, J.P NAGAR, BENGALURU-560078. 2. M/S. PREMIUM COSTRUCTIONS PVT.LTD HAVING ITS OFFICE, AT NO.4, ROYAL PARK, 34, PARK ROAD, TUSKAR TOWN, SHIVAJINAGAR, BENGALURU- 560051 REPRESENTED BY ITS DIRECTORS MR. BRIJ MOHAN ARORA, S/O. RATTAN CHAND ARORA AND MR. K N RAO. 3. SRI. K.N. RAO S/O. LATE K.V. RAO, AGED ABOUT 83 YEARS, DIRECTOR, M/S. PREMIUM CONSTRUCTIONS PVT. LTD. AT. NO.4, ROYAL PARK, 34, PARK ROAD, TUSKAR TOWN, SHIVAJINAGAR, BENGALURU-560051. …PETITIONERS (BY SRI. N THIMMEGOWDA.,ADVOCATE) Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31886 WP No. 24783 of 2025 AND: 1. CANARA BANK HAVING HEAD OFFICE AT, NO.112, J.C.ROAD, HALASUR GATE, NAGARATHPETE, BANGALORE-560001. REP BY ITS THE MANAGING DIRECTOR AND CEO. 2. CANARA BANK, ARM-1 BRANCH, NO.86, 2ND FLOOR, CIRCLE OFFICE, SPENCER TOWERS, M.G. ROAD, BANGALORE-560001. REP BY ITS CHIEF GENERAL MANAGER. 3. CANARA BANK SHESHADRIPURAM BRANCH, BANGALORE. REP BY ITS BRANCH MANAGER. 4. SMT. R.SHANTHA, W/O. RAMALINGAM, AGED ABOUT 66 YEARS, 5. SRI. R.BHASKAR, S/O. R.RAMALINGAM, AGED ABOUT 46 YEARS, 6. SMT. SARASWATHI, D/O. R.RAMALINGAM, AGED ABOUT 41 YEARS, 7. SRI. V.R.THYAGARAJ S/O.LATE R. RAMALINGAM, - 3 - HC-KAR NC: 2025:KHC:31886 WP No. 24783 of 2025 AGED ABOUT 57 YEARS, 8. SMT. LATHA. T G W/O. V.R. THYAGARAJ, AGED ABOUT 41 YEARS, SL. NO. 4 TO 8 ARE R/AT NO.12/91-2, 1ST MAIN ROAD, NEW KALAPPA BLOCK, BEHIND DEVI THEATRE RAMACHANDRAPURAM SRIRAMPURAM BENGALURU 560 021. …RESPONDENTS (BY SRI.K.V. LOKESH., ADVOCATE) THIS WP IS FILED UNDER ARTICELS 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-(A) TO QUASH THE PUBLIC E-AUCTION INITIATED BY THE RESPONDENT NO. 1 TO 3 ON 14.08.2025 IN RESPECT OF PETITIONERS PROPERTY BEARING KHATHA NO.271/14/2, MEASURING 32 V2 GUNTAS I.E., 35,392.5 SQ. FT. FORMED IN THE RESIDENTIALLY CONVERTED LAND BEARING SY. NO. 14 SITUATED AT DASARAHALLI VILLAGE K.R PURAM HOBLI, BANGALORE EAST TALUK; (B) DIRECTING THE RESPONDENT NO. 1 TO 3 BANK AUTHORITIES TO FORTHWITH STOP THE INITIATION OF THE PROCEEDINGS UNDER THE PROVISIONS OF SARFAESI ACT, ON THE PROPERTY OF THE PETITIONER BEARING KHATHA NO.271/14/2, - 4 - HC-KAR NC: 2025:KHC:31886 WP No. 24783 of 2025 MEASURING 32 1/2 GUNTAS I.E., 35,392.5 SQ. FT FORMED IN THE RESIDENTIALLY CONVERTED LAND BEARING SY. NO 14 SITUATED AT DASARAHALLI VILLAGE K.R PURAM HOBLI, BANGALORE EAST TALUK. THIS PETITION, COMING ON FOR ORDERS, 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 decision to bring the subject property to sale under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short, 'the SARFAESI Act'], and Sri N. Thimme Gowda, the learned counsel for the petitioner, proposes to canvass certain grounds to justify the petitioner's grievance for initiation of the proceedings. Sri K.V.Lokesh, the learned counsel for the respondents, submits that the petition is rendered infructuous because no auction could be held on - 5 - HC-KAR NC: 2025:KHC:31886 WP No. 24783 of 2025 14.08.2025 and the respondents will have to issue fresh proceedings for enforcement. This Court is of the view that indeed the petition is rendered infructuous against the present proceedings and that the petitioner must urge all grounds under Section 17 of the SARFAESI Act if there is any further action by the respondents. As such, the petition stands disposed of subject to all just exceptions with liberty to the petitioner to avail such remedy if there is further proceedings. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr