- 1 - HC-KAR NC: 2026:KHC:18579 WP No. 35430 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 35430 OF 2024 (GM-DRT) BETWEEN: MR H.C.KRISHNACHARI S/O CHIKKADODDACHARI AGED ABOUT 61 YEARS, RESIDING AT 1265, ANEKAL MAIN ROAD, PATTAALAMMA LAYOUT, OPP. VIJAYA BANK, JIGANI, BANGALORE-560 105 …PETITIONER (BY SRI. NAVEED AHMED, ADVOCATE) AND: CITY UNION BANK LIMITED NO 24-B, GANDHI NAGAR, KUMBAKONAM-612 001 HAVING ITS BRANCH AT JIGANI, BANGALORE REGISTERED UNDER COMPANIES ACT …RESPONDENT (BY SRI. PRAKASHA HEGDE K., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH OR SET ASIDE THE IMPUGNED R-TENDER CUM AUCTION SALE NOTICE NO. C.O/REC/NPA/2024-25 DATED:07.12.2024 ISSUED BY RESPONDENT AT ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18579 WP No. 35430 of 2024 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer: "Wherefore, the petitioner most respectfully prays that this Hon'ble Court be pleased to: a. Issue writ in the nature of certiorari or any other writ Quash or set aside the impugned Re-Tender cum Auction Sale Notice No.C.O/REC/NPA/2024-25 dated 07.12.2024 issued by respondent at Annexure-A. b. Pass such other order/further orders as this Honb'le Court deems fit under the facts and circumstances of the case." 2. Learned counsel appearing for the petitioner submits that the petitioner is ready to settle the amount and the matter may be referred to the Mediation Centre. 3. Learned counsel appearing for the respondent/Bank submits that the petitioner has questioned the sale notice and right from 2024, they are enjoying the interim order and it is submitted that nothing survives for consideration in this writ petition. - 3 - HC-KAR NC: 2026:KHC:18579 WP No. 35430 of 2024 4. Learned counsel appearing for the petitioner submits that by virtue of interim order, an amount of Rs.20,00,000/- was paid and the amount in deposit may be returned to the petitioner. In response to that, the learned counsel appearing for the respondent submits the petitioner on depositing said amount is enjoying interim order from 2024 and now that amount cannot be returned to the petitioner, but it should be adjusted towards the loan amount. 5. Having heard the learned counsels on either side, perused the material on record. The relief that is sought in this writ petition is questioning the auction notice. The S.A is pending before the DRT. There is no dispute about the fact, that there is an outstanding amount. According to the petitioner, he seeks to settle the outstanding due. As far as this writ petition is concerned, as per the sale notice, the auction was not conducted and this writ petition on that aspect has become infructuous, there is nothing to be decided on the merits of the matter. As far as the return of the amount is concerned, this Court cannot direct the respondent to return the amount to the petitioner as he is enjoying the interim order - 4 - HC-KAR NC: 2026:KHC:18579 WP No. 35430 of 2024 from 2024 till 2026. The bank is at liberty to withdraw the amount deposited and apportion it to the loan account. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is dismissed as infructuous. ii. If the petitioner is aggrieved by any other action, is at liberty to avail the appropriate remedy before the DRT. iii. The Bank is at liberty to withdraw the amount and apportion the same to the loan account. iv. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 19