- 1 - HC-KAR NC: 2026:KHC:14386 WP No. 21053 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 21053 OF 2021 (GM-DRT) BETWEEN: 1. SRI. VENKATESH S/O MUNIKRISHNAPPA AGED ABOUT 51 YEARS R/AT SEETHA KEMPANAHALLI KAKOLUR POST 560089 HESARAGHATTA HOBLI BENGALURU ORTH ADDL TQ 2. PRASANNA KUMAR S.M., S/O MUNIKRISHNAPPA AGED ABOUT 46 YEARS R/AT SEETHA KEMPANAHALLI KAKOLUR POST 560089 HESARAGHATTA HOBLI BENGALURU ORTH ADDL TQ …PETITIONERS (BY SRI. VISWANATHA SETTY V., ADVOCATE) AND: 1. KARNATAKA GRAMIN BANK RAJANUKUNTE BRANCH Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14386 WP No. 21053 of 2021 RAJANUKUNTE- 560 064 BENGALURU NORTHTQ REP. BY ITS MANAGER HAVING ITS HEAD OFFICE AT NO. CA20 VIJAYANA 2ND STAGE MYSORE -570 017 2. THE RECOVERY OFFICER-I DEBT RECOVERY TRIBUNAL I NO 4,HAYES ROAD SHANTHALA NAGAR RICHMOND TOWN BENGALURU -560 025 …RESPONDENTS (BY SRI. T.P.MUTHANNA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO- QUASH THE SALE PROCLAMATION NOTICE DATED: 08.10.2021 ANNEXURE-J ISSUED BY THE R2 FOR SALE OF THE SCHEDULE PROPERTIES ON 25.11.2021 BY E-AUCTION BETWEEN 11.30 A.M. TO 12.30 NOON, SEETHA KEMPANAHALLI, KAKOLU POST- 560 089, HESARAGHATTA HOBLI, BENGALURU NORTH ADDL. TALUK BY ALLOWING THE ABOVE WRIT PETITION. 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: 2026:KHC:14386 WP No. 21053 of 2021 ORAL ORDER The present writ petition is filed seeking the following prayer: "PRAYER WHEREFORE, the petitioners above named humbly pray that this Hon'ble Court may be pleased to: (i) Issue Writ of Certiorari or Order quashing the Sale Proclamation Notice dt.08.10.2021 (Annexure-J) issued by the respondent No.2 for sale of the schedule properties on 25.11.2021 By e-auction between 11.30 A.M to 12.30 noon, Seetha Kempanahalli, Kakolu Post- 560 089, Hesaraghatta Hobli, Bengaluru North Addl. Taluk by allowing the above writ petition; (ii) Pass such other order/s as this Hon'ble Court deems fit in the circumstances, in the interest of justice." 2. A Co-ordinate Bench of this Court had granted an interim order on 24.11.2021. According to the petitioners, they have paid the amount as per the interim order. According to the learned counsel for the respondents, the petitioners have not paid the amount. Learned counsel for the petitioners has advanced arguments with regard to the amount that is mentioned in the notice issued under Section 13(2) of the SARFAESI Act and the amount that is taken by the petitioners as of now. 3. The contentions that are raised and the prayer that is sought before this Court can as well be raised before the DRT. - 4 - HC-KAR NC: 2026:KHC:14386 WP No. 21053 of 2021 In view of the availability of alternative remedy, this Court is not inclined to consider the writ petition. However, considering the fact that there is a stay operating in favour of the petitioners since 2021, this Court deems it appropriate to grant four weeks time to the petitioner to approach the DRT. Hence, this Court is passing the following order: ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioners to approach the Debts Recovery Tribunal. ii. The petitioners shall approach the DRT within a period of four weeks from the date of receipt of copy of the order and during the said period, the respondents shall not take any coercive steps. iii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 38