- 1 - HC-KAR CNR: KAHC010390642022 NC: 2026:KHC:55439 WP No. 17165 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 17165 OF 2022 (GM-DRT) BETWEEN: 1. M/S VINAYAKA HANDICRAFTS REP. BY A SOLE PROPRIETOR MR. V.HARISH S/O ARUNAGIRI ACHAR AGED ABOUT 39 YEARS R/AT NO.11, MARUTHI LAYOUT MARUGUNDANAHALLI ANANDAPURA BENGALURU - 560 036. 2. MR. HARISH S/O ARUNAGIRI ACHAR AGED ABOUT 39 YEARS PROP. M/S VINAYAKA HANDICRAFTS 3. MRS. V.POORNIMA W/O V.HARISH BOTH ARE RESIDING AT NO.364, BOOMI REDDY LAYOUT 4TH A CROSS AYYAPPA TEMPLE BACKSIDE NEW TIPPASANDRA. …PETITIONERS (BY SRI. DHANANJAY B.C., ADVOCATE) Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 2 - HC-KAR CNR: KAHC010390642022 NC: 2026:KHC:55439 WP No. 17165 of 2022 AND: 1. AUTHORISED OFFICER THE INDIAN BANK ASSETS MANAGEMENT BRANCH NO.10, 1ST FLOOR INDIAN BANK BUILDINGS K.G.ROAD, BENGALURU - 560 009. 2. THE REGIONAL DIRECTOR FOR KARNATAKA RESERVE BANK OF INDIA 10/3/8, NRUPATHUNGA ROAD POST BAG NO.5467 BENGALURU - 560 001. …RESPONDENTS (BY SRI. NAIK ASHOK KASHINATH, ADVOCATE FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE OF INTENDED SALE DATED 01.08.2022 ISSUED BY THE RESPONDENT BANK VIDE ANNEXRUE-A UNDER RULE 6(2) AND 8(6) OF THE SECURITY INTEREST (ENFORCEMENT RULES) 2002 UNDER THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT 2002 IS EXCESSIVE, ILLEGAL AND UNSUSTAINABLE AND SET ASIDE BY ISSUING THE WRIT IN THE NATURE OF CERTIORARI AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 3 - HC-KAR CNR: KAHC010390642022 NC: 2026:KHC:55439 WP No. 17165 of 2022 CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioners who are the defaulters have filed this petition questioning the sale notice issued under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'SARFAESI Act'). This Court vide order dated 01.09.2022 has granted the interim order subject to petitioners making 30% of the amount due. 2. Petitioner no.1, who is personally present before this Court submits that substantial payment is made and petitioners are now only required to make good the penalty imposed by the respondent-Bank and seeks short accommodation to make the payment. He is not assisted by the counsel. 3. Learned counsel appearing for the respondent-bank is not present before this Court. 4. Be that as it may, since petitioners are questioning the sale notice issued by invoking the provisions of the Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 4 - HC-KAR CNR: KAHC010390642022 NC: 2026:KHC:55439 WP No. 17165 of 2022 SARFAESI Act, this Court is of the view that this petition is not maintainable. Records also reveal that compliance of the order dated 01.09.2022 is not reported by filing requisite documents. 5. Writ petition is liable to be dismissed. Accordingly, it is dismissed. 6. In the event respondent-Bank is of the opinion that the entire loan amount is not cleared by the petitioners herein, liberty is reserved to the Bank to proceed from the stage it was stalled by this Court. (SACHIN SHANKAR MAGADUM) JUDGE PGG List No.: 1 Sl No.: 10 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified