- 1 - HC-KAR NC: 2026:KHC:2779 WP No. 462 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 462 OF 2026 (GM-DRT) BETWEEN: SMT ANURADHA NITIN BANDEKAR W/O NITIN ANANT BANDEKAR AGED ABOUT 50 YEARS R/O DOOR NO. 4095/7, RAMAKANTH NILAYA, 12TH CROSS, 8TH MAIN C.T. SIDDAVEERAPPA LAYOUT DAVANAGERE-577004 …PETITIONER (BY SRI. D P MAHESH., ADVOCATE) AND: 1. THE CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED REGISTERED UNDER RBI ACT 1934 REP.BY ITS AUTHORISED OFFICER DAVANAGERE – 577 004 Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2779 WP No. 462 of 2026 2. THE ASSETS RECOVERY BRANCH REP. BY ITS AUTHORIZED OFFICER/ CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED REGISTERED UNDER RBI ACT 1934 DAVANAGERE – 577 004 …RESPONDENTS (BY SRI. SURESH V., ADVOCATE) (VC) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 24-7-2025 PASSED IN CRL.MIS. 460/2024 BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND CJM, DAVANAGERE VIDE ANNEXURE-A, AS THE SAME ARE ARBITRARY, ILLEGAL AND IN VIOLATION OF PRINCIPLES OF NATURAL JUSTICE. QUASH THE AUCTION/SALE NOTICE DATED 8-12-2025 ISSUED BY THE RESPONDENTS SCHEDULED TO BE HELD ON 12-1-2026 VIDE ANNEXURE-B, AS THE SAME ARE ARBITRARY, ILLEGAL AND IN VIOLATION OF PRINCIPLES OF NATURAL JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ***** - 3 - HC-KAR NC: 2026:KHC:2779 WP No. 462 of 2026 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner filed this petition aggrieved by the Order dated 24.07.2025 passed in Crl.Mis.No.460/2024 by the learned Principal Senior Civil Judge and CJM, Davanagere (‘Magistrate Court’ for short) vide Annexure-A and also sought for quashing the auction/sale notice dated 08.12.2025 issued by the respondents scheduled to be held on 12.01.2026 vide Annexure-B. 2. Brief facts leading rise to the filing of this writ petition are as follows: 2.1. The property in question was purchased by the petitioner and her husband on 29.01.2020 under the registered sale deed, and subsequently on 03.02.2020, the vendors of the petitioners having no right, title or interest over the property, mortgaged the same in favour of the respondents. The petitioner has filed IA No.1 in Crl.Mis.460/2024, wherein the proceedings are pending under Section 14 of the Securitisation and Reconstruction - 4 - HC-KAR NC: 2026:KHC:2779 WP No. 462 of 2026 of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’ for short. The Magistrate Court, without passing an order on IA No.1, proceeded to pass an order under Section 14 of the SARFAESI Act. The petitioner, aggrieved by the impugned order, filed this writ petition. 3. Heard the arguments of learned counsel for the petitioner and learned counsel for the respondents. 4. Learned counsel for the petitioner submits that, the petitioner has filed IA No.1 in Crl.Mis.No.460/2024. The Magistrate Court, without passing an order on the said application, has passed the impugned order vide Annexure-A. To buttress his arguments, he has placed reliance on the judgment of Division Bench of this Court in case of Veera Vahana Udyog Pvt. Ltd., Vs. The Karnataka State Road Transport Corporation1. Hence, he submits that, the impugned order may be set 1 2009 SCC OnLine Kar 371 - 5 - HC-KAR NC: 2026:KHC:2779 WP No. 462 of 2026 aside and the matter be remitted to the Magistrate Court, directing the Magistrate Court to consider IA No.1 along with the petition under Section 14 of the SARFAESI Act. Accordingly, he prays to allow the writ petition. 5. Per contra, learned counsel for the respondents submits that, the scope of Section 14 of the SARFAESI Act is very limited. The Magistrate Court has rightly not considered the interim application filed by the petitioner. Hence, on this ground, he prays to dismiss the writ petition. 6. Perused the records and considered the submissions of the learned counsel for the parties. 7. The undisputed facts are, the petitioner has filed an application in IA No.1 during the pendency of the proceedings under Section 14 of the SARFAESI Act in Crl.Mis.No.460/2024 on 17.04.2025, and the learned counsel for the respondents/petitioners therein sought time to file objections to IA No.1, and the matter was - 6 - HC-KAR NC: 2026:KHC:2779 WP No. 462 of 2026 adjourned to 14.05.2025. Again, the matter was adjourned to 04.07.2025. The Magistrate Court, without passing any order on IA No.1, has proceeded to pass an order on the petition filed under Section 14 of the SARFAESI Act. 8. When an application is filed by any party, it is the duty of the Magistrate Court to pass an appropriate order. Admittedly, no order has been passed on IA No.1. Without passing an order on IA No.1, the Magistrate Court has proceeded to pass the impugned order vide Annexure-A. Without going into the merits of the case, this Court is of the opinion that the matter requires re-consideration by the learned Magistrate Court for consideration of IA No.1 along with the main petition filed under Section 14 of the SARFAESI Act. The impugned order passed by the Magistrate Court is contrary to the exposition of law laid down by the Division Bench of this Court in case of Veera Vahana Udyog Pvt. Ltd. (supra). - 7 - HC-KAR NC: 2026:KHC:2779 WP No. 462 of 2026 9. In view of the above discussion, I proceed to pass the following: ORDER i. The writ petition is allowed; ii. The impugned order dated 24.07.2025 passed in Crl.Mis.No.460/2024 by the Magistrate Court is quashed; iii. Crl.Mis.No.460/2024 is restored to its original file; iv. The Magistrate Court is directed to consider IA No.1 along with the main petition, and pass an appropriate order in accordance with law, within 15 days from the date of receipt of a certified copy of this order; v. Pending IA(s), if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE PA CT:KHV List No.: 1 Sl No.: 39