- 1 - HC-KAR NC: 2026:KHC:7587 WP No. 2305 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 2305 OF 2026 (GM-DRT) BETWEEN: 1. M/S VISION RESOURCES NO.E-161, SHAKTHI NAGAR, PROPRITORSHIP CONCERNED BEHIND TTK FACTORY, UDAYA NAGAR, D V NAGAR POST, BANGALORE 560 016 R/B R.VENKATESH, PROPRIETOR 2. SRI R VENKATESH S/O SRI C RANGANATHAN, AGED ABOUT 56 YEARS, NO.E-161, SHAKTHI NAGAR, BEHIND TTK FACTORY, UDAYA NAGAR, D V NAGAR POST, BANGALORE 560 016 3. SMT. LALITHA VENKATESH W/O SRI R VENKATESH, AGED ABOUT 51 YEARS, NO.E-161, SHAKTHI NAGAR, Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7587 WP No. 2305 of 2026 BEHIND TTK FACTORY, UDAYA NAGAR, D V NAGAR POST, BANGALORE 560 016 …PETITIONERS (BY SRI. NAGARAJ D., ADV.) AND: 1. THE CHIEF MANAGER CITY UNION BANK LTD. ADMINISTRATIVE OFFICE, NO.24-B, GANDHINAGAR, KUMBAKONAM 612 001. 2. THE MANAGER CITY UNION BANK LTD., BASAVANAGUDI BRANCH, BANGALORE 560 004 …RESPONDENTS (BY SRI. C.VINAY SWAMY, ADV. FOR C/R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CONSIDER THE REPRESENTATION/LEGAL NOTICE DATED 05.01.2026 ISSUED BY THE PETITIONER HEREIN TO RESPONDENT NOS.1 AND 2 IN VIDE ANNEXURE-A, IN THE INTEREST OF JUSTICE AND EQUITY, AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:7587 WP No. 2305 of 2026 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioners have filed this petition seeking the following reliefs: a) Issue a writ, order, or direction in the nature of mandamus or any other appropriate writ as this Hon’ble Court deems fit to consider the representation/legal notice dated 05.01.2026 issued by the petitioner herein to respondent Nos.1 and 2 in vide Annexure-A, in the interest of justice and equity. b) Issue a writ, order, or direction in the nature of mandamus or any other appropriate writ as this Hon’ble Court deems fit, directing the respondent Nos.1 and 2 not to proceed with the auction proceeding and not to take the physical possession of the schedule property and consider the representation given by the petitioners to restructure the outstanding loan amount, in the interest of justice and equity. c) Pass any such order or direction as this Hon’ble Court deems fit, quashing the order dated 09.02.2024 passed in Crl.Misc.No.50677/2023 by the learned Magistrate in vide Annexure-G, in the interest of justice and equity. - 4 - HC-KAR NC: 2026:KHC:7587 WP No. 2305 of 2026 2. Learned counsel for the respondents submits that the respondents have already issued the auction notice, and auction was conducted and sale certificate was issued on 27.01.2026. Hence, prays to dismiss the writ petition. The petitioners have an equal efficacious remedy. The petitioners without exhausting efficacious remedy, filed this petition. 3. In view of proposition of law laid down by the Hon’ble Apex Court in the case of RIKHAB CHAND JAIN VS. UNION OF INDIA IN C.A.NO.6719 OF 2012 disposed off on 12.11.2025, the writ petition is not maintainable. 4. Accordingly, the writ petition is dismissed as not maintainable. 5. A liberty is reserved to the petitioners to challenge the auction proceedings before the appropriate forum. - 5 - HC-KAR NC: 2026:KHC:7587 WP No. 2305 of 2026 6. Pending applications, if any, shall stand disposed off accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SSB