- 1 - HC-KAR NC: 2026:KHC:16893 WP No. 8988 of 2026 C/W WP No. 36844 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 8988 OF 2026 (GM-DRT) C/W WRIT PETITION NO. 36844 OF 2025 (GM-DRT) IN WP No. 8988/2026 BETWEEN: 1. SRI DARSHAN L.D., S/O DODDA MALLE GOWDA AGED ABOUT 45 YEARS 2. SMT. RASHMI N.C., W/O DARSHAN L.D. AGED ABOUT 37 YEARS BOTH ARE RESIDING AT NO.36/2, FLAT NO. TF 03. NANJUNDESHWARA RESIDENCY, AVALAHALLI MAIN ROAD, 17TH MAIN ROAD, MUNESHWARA BLOCK BENGALURU -560 026 …PETITIONERS (BY SRI. SHRIDHARA K., ADVOCATE) AND: INDIAN OVERSEAS BANK (A BODY CORPORATE CONSTITUTED UNDER THE BANKING COMPANIES (ACQUISITION AND TRANSFER Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:16893 WP No. 8988 of 2026 C/W WP No. 36844 of 2025 OF UNDERTAKINGS) ACT-1970) NO.251/62, 9TH MAIN, V BLOCK, JAYANAGAR, BENGALURU -560 041 REP. BY ITS AUTHORIZED OFFICER …RESPONDENT (BY SRI.VIVEK S., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE AUCTION SALE NOTICE DATED 02.02.2026 AS ANNEXURE E ISSUED BY RESPONDENT FOR THE SALE OF THE SCHEDULE PROPERTY. IN WP NO. 36844/2025 BETWEEN: 1. SRI. DARSHAN L.D., S/O DODDA MALLE GOWDA. AGED ABOUT 45 YEARS 2. SMT. RASHMI N.C. W/O DARSHAN L.D. AGED ABOUT 37 YEARS BOTH RE RESIDING AT NO 36/2. FLAT NO. TF 03. NANJUNDESHWARA RESIDENCY AVALAHALLI MAIN ROAD, 17TH MAIN ROAD, MUNESHWARA BLOCK, BENGALURU – 560 026 ...PETITIONERS (BY SRI. SHRIDHARA K., ADVOCATE) AND: INDIAN OVERSEAS BANK (A BODY CORPORATE - 3 - HC-KAR NC: 2026:KHC:16893 WP No. 8988 of 2026 C/W WP No. 36844 of 2025 CONSTITUTED UNDER THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT-1970) NO.251/62, 9TH MAIN, V BLOCK, JAYANAGAR, BENGALURU – 560 041 REP. BY ITS AUTHORIZED OFFICER ...RESPONDENT (BY SRI. VIVEK S., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE AUCTION SALE NOTICE DATED: 20.11.2025 AS ANNEXURE-E ISSUED BY RESPONDENT FOR THE SALE OF THE SCHEDULE PROPERTY. 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 W.P No.36844/2025 is filed questioning the auction and as that auction was not concluded, another auction notice was issued, that is questioned in WP No.8988/2026. 2. It is submitted by the learned counsel appearing for the petitioners that they are ready to pay the amount. Learned counsel appearing for the respondent-Bank submits that auction was concluded, sale certificate was also issued in favour of the highest bidder and it is submitted that the petitioners cannot have the right of redemption at this juncture. - 4 - HC-KAR NC: 2026:KHC:16893 WP No. 8988 of 2026 C/W WP No. 36844 of 2025 3. In these circumstances, if the petitioners are aggrieved by the auction conducted by the respondent-Bank or the sale certificate issued in favour of the auction purchaser, they are at liberty to avail appropriate remedy before the DRT. 4. 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.: 26