- 1 - HC-KAR NC: 2026:KHC:8121 WP No. 38971 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 38971 OF 2025 (GM-DRT) BETWEEN: 1. M/S SRI DURGA AGRO INDUSTRIES REP. BY ITS PROPREITOR SRI RAKSHITH KUMAR AGE ABOUT 30 YEARS HAVING ITS PLACE OF BUSINESS AT 246-1 ULLOOR SCHOOL ROAD KUDRUKODU, NAVUNDA BAINDOOR TALUK UDUPI DISTRICT. 2. SRI RAKSHITH KUMAR S/O SRI SANKAR MADIVAL AGE ABOUT 30 YEARS RESIDING AT NEAR FOREST GUARD SHED ULLOOR ROAD, KUDRUKODU NAVUNDA VILLAGE BAINDOOR TALUK UDUKPI DISTRICT 576224 3. SRI SHANKAR MADIWAL @ SHANKAR H S/O SRI ANANTHA MADIVALA AGE ABOUT 70 YEARS RESIDING AT SY NO 200/2 NAVUNDA VILLAGE BAINDOOR TALUK UDUPI DISTRICT …PETITIONERS (BY SRI. ARUN K.S., ADVOCATE FOR SMT. VINUTHA P KALE., ADVOCATE) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8121 WP No. 38971 of 2025 AND: CANARA BANK A BODY CORPORATE CONSTITUTED UNDER THE PROVISIONS OF BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT 1970 HAVING ITS HEAD OFFICE AT No. 112, J C ROAD, BANGALORE 560002 HAVING ITS BRANCH OFFICE AT: CANARA BANK, MANIPAL BRANCH P B NO 13, MANIPAL, UDUPI TALUK AND DISTRICT 576104 REP. BY ITS DIVISIONAL MANAGER MR K P HEMANTH KUMAR …RESPONDENT (BY SRI. HEMANTH RAO, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH / SET ASIDE THE IMPUGNED ORDERS PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, UDUPI, IN CRL.MISC.NO. 38/2025 AS PER ANNX-A AND CONSEQUENTIALLY SET ASIDE THE SALE NOTICE DTD. 01.12.2025 VIDE ANNX-H. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ****** CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI - 3 - HC-KAR NC: 2026:KHC:8121 WP No. 38971 of 2025 ORAL ORDER 1. The petitioners have filed this writ petition challenging the order passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 Act (for short, ‘the SARFAESI Act’) in Criminal Misc. No.38 of 2025, vide Annexure ‘A’ and consequential sale notice dated 01.12.2025 vide Annexure ‘H’. 2. The petitioners, aggrieved by the order passed in Criminal Misc.No.38 of 2025, preferred a writ petition in W.P. No.22181 of 2025 before this Court. The said writ petition came to be disposed of, vide order dated 28.07.2025. After the disposal of the writ petition, the respondent Bank issued a sale notice dated 01.12.2025 vide Annexure ‘H’. 3. Learned counsel for the respondent Bank submits that the auction did not take place on the said date, and, the respondent Bank will initiate the recovery proceedings, in accordance with law. - 4 - HC-KAR NC: 2026:KHC:8121 WP No. 38971 of 2025 4. In view of the same, nothing survives for consideration in this writ petition. 5. Accordingly, the writ petition is disposed of reserving a liberty to the petitioners to challenge the recovery proceedings, if initiated by the respondent- Bank, if it is not in accordance with law. 6. Pending application/s, if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE RK CT:KHV List No.: 1 Sl No.: 9