- 1 - HC-KAR NC: 2026:KHC:15622 WP No. 8776 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 8776 OF 2026 (GM-DRT) BETWEEN: MR. N. KIRAN KUMAR, S/O. T. NARAYANA, RESIDING AT APPAGERE VILLAGE, KASABA HOBLI, CHANNAPATNA TALUK, RAMANAGAR DISTRICT-572 501 &PETITIONER (BY SRI. S. VICTOR MANOHARAN, ADVOCATE) AND: 1. UNION BANK OF INDIA (ERSTWHILE CORPORATION BANK), CHANNAPATNA BRANCH, NO.2191/4-10, B.M. ROAD, KUVEMPUNAGAR, CHANNAPATNA, RAMANAGARA DISTRICT-562 160 REPRESENTED BY ITS BRANCH MANAGER, MR. PUTTARAJU. S., S/O. SAVAKAIAH, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15622 WP No. 8776 of 2026 2. MRS. USHA. V., W/O. HEMANTH KUMAR 3. MR. HEMANTH KUMAR, S/O. JAVARAIAH, RESPONDENT NO.2 & 3 ARE RESIDING NO.16, PRAJRYTHI NILAYA, APPAGERE, SA ROAD, KASABA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT-571 501 &RESPONDENTS (BY SMT.DIVYA PURANDAR, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 31.08.2019 PASSED IN OA NO.1004 OF 2018 BY THE DEBTS RECOVERY TRIBUNAL-2, KARNATAKA AT BENGALURU, PRODUCED AT ANNEXURE-C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:15622 WP No. 8776 of 2026 ORAL ORDER The present writ petition is filed seeking the following prayer: "PRAYER WHEREFORE, the petitioners most respectfully pray that this Hon'ble Court be pleased to:- a) To issue a writ in the nature of certiorari to quash the impugned order dated 31.08.2019 passed in OA No.1004 of 2018 by the Debts Recovery Tribunal-2, Karnataka at Bengaluru, produced at Annexure-C. b) In consequence be pleased to set-aside the Proclamation of Sale Cum E-Auction Sale Notice dated 06.01.2026 issued by 1st respondent, (RC No.1622/2019 in OA.No.1004/2018), produced at Annexure-A. c) Issue such other writ order or direction as this Hon'ble Court deems fit and proper in the fact of the case by allowing this writ petition in the interest of justice." 2. Learned counsel appearing for the petitioner submits that respondent No.1/Bank is going to conduct the auction on 18.03.2026 and the petitioner is ready to pay the entire amount. Hence, the auction may be stayed and some reasonable time may be granted. 3. Learned counsel appearing for respondent No.1/Bank submits that in the execution process, when the sale notice was issued on 06.01.2026, it is not questioned by the petitioner till now. It is submitted that the remedy available to the petitioner - 4 - HC-KAR NC: 2026:KHC:15622 WP No. 8776 of 2026 is to approach the DRT under Section 30 of the Recovery of Debts and Bankruptcy Act, 1993 (hereinafter referred to as RDB Act). It is submitted that it is an order passed by the Recovery Officer. Further, it is submitted that from the year 2019 till now, these proceedings are pending and the petitioner is not entitled for any relief from this Court. It is submitted that though the auction is scheduled to be held on 18.03.2026, as there was no bidders, they have closed the online process on 16.03.2026. In view of the same, the remedy available to the petitioner is to go before the DRT. 4. Having heard the learned counsels on either side, perused the entire material on record. The petitioner is questioning the auction sale and according to the respondent No.1/Bank, as there are no bidders, they have not conducted the auction on 18.03.2026. In these circumstances, the auction could not be materialized. Now, this Court cannot consider the relief that is sought by the petitioner and even if he is ready to pay the amount, as the order is passed by the Recovery Officer, the petitioner has a remedy under Section 30 of the RDB Act - 5 - HC-KAR NC: 2026:KHC:15622 WP No. 8776 of 2026 and the petitioner can approach the DRT. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioner to avail the appropriate remedy before the Debts Recovery Tribunal in accordance with the law. ii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 32