- 1 - HC-KAR NC: 2026:KHC:17327 WP No. 5339 of 2026 C/W WP No. 2325 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 5339 OF 2026 (GM-DRT) C/W WRIT PETITION NO. 2325 OF 2026 (GM-DRT) IN WP No. 5339/2026 BETWEEN: 1. M/S GOLDEN GATE PROPERTIES LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013. HAVING ADDRESS AT NO. 820, 80 FEET ROAD, 8TH BLOCK, KORAMANGALA, BANGALORE 560 095 REPRESENTED THROUGH ITS AUTHORIZED SIGNATORY, MR. VIDYARANYA V.D., 2. SRI. C.D SANJAY RAJ S/O DEVRAJ, AGED ABOUT 46 YEARS OLD, HAVING ADDRESS AT NO. 89, BENSON CROSS ROAD, BENSON TOWN BANGALORE-560 046 …PETITIONERS (BY SRI.C.C.CHENGAPPA, ADVOCATE FOR SMT.NAYANATHARA B.G., ADVOCATE) AND: SRI M.VISVESWARAYA CO-OPERATIVE BANK LTD., Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17327 WP No. 5339 of 2026 C/W WP No. 2325 of 2026 SHANKAR MUTT BRANCH REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT OF 1959 HAVING ADDRESS AT NO. 109, SHANKARMUTT ROAD, SHANKARPURAM, BANGALORE-560 004. REPRESENTED BY ITS BRANCH MANAGER …RESPONDENT (BY SRI. K.V.LOKESH, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE SALE NOTICE DATED 02.02.2026 NO. VCB/CO/SMR/ AUCTION/394/2025-26 ISSUED BY THE RESPONDENT AT ANNX-A IN SO FAR PETITIONER CONCERN. IN WP NO. 2325/2026 BETWEEN: 1. M/S GOLDEN GATE PROPERTIES LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013. HAVING ADDRESS AT NO.820, 80 FEET ROAD, 8TH BLOCK, KORAMANGALA, BANGALORE - 560 095 REPRESENTED THROUGH ITS AUTHORIZED SIGNATORY, MR. VIDYARANYA V.D., 2. C.D.SANJAY RAJ S/O DEVRAJ, AGED ABOUT 46 YEARS OLD, HAVING ADDRESS AT NO. 89, BENSON CROSS ROAD, BENSON TOWN, BANGALORE-560 046. ...PETITIONERS (BY SRI. C.C.CHENGAPPA, ADVOCATE FOR SMT.NAYANATHARA B.G., ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:17327 WP No. 5339 of 2026 C/W WP No. 2325 of 2026 AND: SIR M.VISVESWARAYA CO-OPERATIVE BANK LTD., SHANKAR MUTT BRANCH REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT OF 1959 HAVING ADDRESS AT NO. 109, SHANKARMUTT ROAD, SHANKARPURAM, BANGALORE- 560 004. REPRESENTED BY ITS BRANCH MANAGER ...RESPONDENT (BY SRI.K.V.LOKESH, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE SALE NOTICE DATED 09-01-2026, NO VCB/CO/SMR/AUCTION/372/2025-26 ISSUED BY THE RESPONDENT, AT ANNEXURE A. COPY OF THE CORRESPONDING NEWSPAPER PUBLICATION IS PRODUCED AS ANNEXURE-A1. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The writ petitions are filed against Sir. M. Visveshwaraya Co-operative Bank Ltd., which is a private Bank and in the light of the judgment passed by the Hon’ble Apex Court in Civil Appeal Nos.257-259/2022 between Phoenix ARC Private Limited Vs. Vishwa Bharathi Vidya Mandir and others - 4 - HC-KAR NC: 2026:KHC:17327 WP No. 5339 of 2026 C/W WP No. 2325 of 2026 arising out of WP.Nos.35564-35566/2015 dated 27.03.2018, the present writ petition is not maintainable against Sir. M. Visveshwaraya Co-operative Bank Ltd., which is a private Bank. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petitions are disposed of giving liberty to the petitioner to avail the appropriate remedy before the DRT. ii. The petitioners shall have the benefit of Section 14 of the Limitation Act. iii. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 45