- 1 - HC-KAR NC: 2026:KHC:15621 WP No. 6558 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. 6558 OF 2026 (GM-DRT) BETWEEN: 1. SMT.N.KALPANA W/O SRI ANAND, AGED ABOUT 48 YEARS, R/AT HUSKUR VILLAGE, ARALUMALLIGE POST, DODDABALLAPUR TALUK, BENGALURU RURAL DISTRICT-561 203 2. SRI L. ANAND, S/O THIMMEGOWDA, AGED ABOUT 57 YEARS, R/AT HUSKUR VILLAGE, ARALUMALLIGE POST, DODDABALLAPUR TALUK, BENGALURU RURAL DISTRICT-561 203 &PETITIONERS (BY SRI. RAJASHEKAR S., ADVOCATE FOR SRI.NAGARAJ SHETTY, ADVOCATE) AND: 1. THE BOARD OF DIRECTORS BANK OF INDIA, STAR HOUSE, C-5, 'G' BLOCK, 8TH FLOOR (EAST WING), BANDRA KURLA COMPLEX, BANDRA (EAST), MUMBAI-400 051 MAHSRASTRA STATE Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15621 WP No. 6558 of 2026 2. THE CHIEF MANAGER, BANK OF INDIA, BENGALURU (MAIN) BRANCH, NO.11, K.G. ROAD, BENGALURU-560 009 3. SRI SAGAR P.M, S/O. MAHENDRA AGED ABOUT 35 YEARS, R/AT. HOUSE NO. 182, URDU SCHOOL, DODDABALLAPUR TALUK, BENGALURU RURAL DISTRICT-561 203 &RESPONDENTS (BY SRI.M.MOHAMED IBRAHIM, ADVOCATE FOR C/R1 SRI.M.MOHAMED IBRAHIM, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TOISSUE WRIT OF CERTIORARI TO QUASH IMPUGNED E-AUCTION NOTICE DATED 07.01.2026 BEARING NO.BZO/ARB/SALENOTICE/2025-26/AK/106 ISSUED BY THE REF. RESPONDENT NO.2. AND ALSO SOUGHT FOR WRIT OF MANDAMUS DIRECTING THE 2ND RESPONDENT BANK TO CONSIDER THE REPRESENTATION/REPLY DATED 17.01.2026 SUBMITTED BY THE PETITIONERS. COPIES OF THE IMPUGNED E-AUCTION SALE NOTICE DATED 07.01.2026 ISSUED BY THE 2ND RESPONDENT AND THE REPRESENTATION DATED 17.01.2026 TO EXTEND BENEFIT OF ONE-TIME SETTLEMENT SCHEME SUBMITTED BY THE PETITIONERS ARE PRODUCED HEREWITH AND THE SAME ARE MARKED AS ANNEXURES-A AND B. 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:15621 WP No. 6558 of 2026 ORAL ORDER The present writ petition is filed seeking the following prayer: "WHEREFORE, the Petitioners most humbly pray that this Hon ble'Court may kindly be pleased to:- a) Issue Writ of Certiorari to quash impugned E-Auction Sale Notice dated 07.01.2026 bearing Ref.No.BZO/ARB/SALENOTICE/2025-26/AK/106 issued by the respondent No.2. and also sought for Writ of Mandamus directing the 2nd respondent Bank to consider the representation/Reply dated 17.01.2026 submitted by the petitioners. Copies of the impugned E- Auction Sale Notice dated 07.01.2026 issued by the 2nd respondent and the representation dated 17.01.2026 to extend benefit of One-time Settlement Scheme submitted by the petitioners are produced herewith and the same are marked as ANNEXURES-A & B. b) Pass such other order or orders as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity." 2. This Court had disposed of WP.No.35890/2025 on 17.12.2025 giving liberty to the petitioner to approach the Bank and the Bank shall consider the same in accordance with law. 3. Learned counsel for the petitioner submits that the petitioner has received the copy of the order on 14.01.2026 and on 17.01.2026, the petitioners has given the representation which is rejected by the respondents. It is submitted that even prior to the representation, on - 4 - HC-KAR NC: 2026:KHC:15621 WP No. 6558 of 2026 07.01.2026, the Bank had issued a sale notification and the auction was conducted on 17.02.2026. It is submitted that the Bank is pre-determined to reject the representation. Learned counsel appearing for the petitioner has made his submissions on the merits of the matter also. 4. Learned counsel appearing for the respondent/Bank submits that they have considered the representation on 20.01.2026 and the auction was conducted on 17.02.2026. There is no intention on behalf of the respondents to violate the orders of the Court. There was no timeline fixed by the Court in the order. The petitioner purposely has not given the representation till such time. 5. Having heard the learned counsels on either side, perused the entire material on record. As far as earlier order passed in WP.No.35890/2025 is concerned, as no timeline was fixed, this Court is not going into those aspects in the light of the arguments advanced on behalf of both the counsels, according to the petitioner, they have asked the petitioner to represent after the copy of the order is received and the same is denied by the learned counsel for the respondents. - 5 - HC-KAR NC: 2026:KHC:15621 WP No. 6558 of 2026 6. Learned counsel appearing for the auction purchaser submits that because of this litigation, the auction is not confirmed. It is submitted that the auction purchaser has deposited 25% of the amount. This Court is not inclined to consider this aspect. However, coming to the merits of the matter, the petitioner is questioning the sale conducted by the Bank and they have an effective alternative remedy before the Debts Recovery Tribunal. 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 and avail appropriate remedy before the DRT. ii. The respondent shall not confirm the auction for a period of four weeks. iii. All I.As. in this petition shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 29