Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010584492025 NC: 2026:KHC:37352 WP No. 27017 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 27017 OF 2025 (GM-DRT) BETWEEN:
G.P.UDAYA, S/O. LATE PUTTACHARI, AGED ABOUT 58 YEARS, OCCUPATION: GOLD SMITH, R/AT HEBBALLE VILLAGE, HARISHCHANDRAPURA, POONAMPETE TALUK, KODAGU DISTRICT-571 213. …PETITIONER (BY SMT. REENA R., ADVOCATE - ABSENT)
AND:
1. THE MANAGER KARNATAKA BANK LTD., GOONIKOPPALU BRANCH, KODAGU DISTRICT-571 213. 2. KARNAKATA BANK LIMITED BY ITS CHIEF MANAGER AND AUTHORIZED OFFICER, ARM BRANCH 'C' BLOCK, AKKAMAHADEVI ROAD, J.P.NAGAR, MYSURU-570031. 3. MISS. DAKSHAYINI G.P., D/O. MR.PUTTACHAR, AGE MAJOR, R/AT HEBBALE VILLAGE, HARISHCHANDRA PURA,
Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010584492025 NC: 2026:KHC:37352 WP No. 27017 of 2025
GONNIKOPPAL, VIRAJAPET TALUK AND KODAGU DISTRICT-571 213. 4. MR.SUBRAMANI A.K., S/O. MR.KALAPPA A.A., KARTHIK FASHIONS, MAIN ROAD, GONIKOPPAL, VIRAJAPET TALUK AND KODAGU DISTRICT-571 213. …RESPONDENTS (BY SRI. K.V.SHYAMA PRASADA, ADVOCATE FOR C/R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER Though matter called twice, there is no representation on behalf of the petitioner. Sri.K.V.Shyama Prasada, counsel for caveator / respondent No.2. appeared in person. 2. The writ petition is filed seeking following reliefs: (a) Issue a writ in the nature of certiorari quashing of impugned sale notice dated 20.08.2025
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HC-KAR
CNR: KAHC010584492025 NC: 2026:KHC:37352 WP No. 27017 of 2025
vide Annexure-F bearing No.ARMB:MYS363:OR 239:2025-26 issued by the 2nd respondent. (b) Issue a writ or order or direction as this Hon'ble Court deems fit under the circumstance of the case in the interest of justice and equity. 3. Counsel for respondent No.2 urged several contentions. Heard the arguments and perused the papers with care. 4. The authorized officer of the Bank had issued a E- auction sale notice for sale of immovable assets under SARFAESI Act read with the relevant Rules. The petitioner's grievance is about the issuance of the e-auction sale notice. Any person/s aggrieved by issuance of notices under SARFAESI Act/ Rules are not powerless. They have a liberty of filing objections and also approach DRT under Section 17 of the Act, appealing to the Tribunal if needed.
The Apex Court has settled the law in a catena of decisions that a E-auction sale notice cannot be challenged by filing a writ petition. The litigants are not remediless, as the Tribunal has been established specifically to adjudicate the lis. Hence, this Court declines to exercise discretionary powers under writ jurisdiction. The petition is
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HC-KAR
CNR: KAHC010584492025 NC: 2026:KHC:37352 WP No. 27017 of 2025
devoid of merits. Accordingly, the writ petition is dismissed. The petitioner may approach the appropriate forum if so advised and if the law permits. Because of dismissal the Writ Petition, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of. SD/- (JYOTI M) JUDGE
SS List No.: 1 Sl No.: 15