- 1 - HC-KAR NC: 2026:KHC:18024 WP No. 7237 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 7237 OF 2026 (GM-DRT) BETWEEN: 1. SMT. DIVYA N, AGED ABOUT 45 YEARS, W/O SRI. K. NAGARAJU 2. SRI. K. NAGARAJU, AGED ABOUT 52 YEARS, S/O LATE KRISHNAPPA, BOTH ARE R/AT NO. 224 SE, 27TH MAIN, 7TH CROSS, NISARGA LAYOUT, B.G. ROAD, JIGANI, BENGALURU -560083. &PETITIONERS (BY SRI. RAGHAVENDRA A V., ADVOCATE) AND: UNION BANK OF INDIA, (EARLIER ANDHRA BANK) REPRESENTED BY AUTHORIZED OFFICER, ASSET RECOVERY BRANCH, OFICE AT NO.2/3, RAJA BUILDING, N.R. ROAD, BENGALURU - 560 002. &RESPONDENT (BY SMT.DIVYA PURANDAR., ADVOCATE) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18024 WP No. 7237 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) DIRECT IN THE NATURE OF A WRIT, QUASHING THE IMPUGNED NOTICE DATED 21.01.2026 IN NO.OR/UBI/ARB/BNG/983/2025-26 VIDE ANNEXURE-D, QUASH THE SALE NOTICE DATED 21.01.2026 VIDE ANNEXURE E, AND THE TERMS AND CONDITIONS OF THE SALE OF IMMOVABLE SECURED ASSETS DATED 21.01.2026 IN NO.OR/UBI/ARB/BNG/983/2025-26 VIDE ANNEXURE-F ISSUED BY RESPONDENT-UNION BANK OF INDIA, 2/3, RAJA BUILDING, N.R.ROAD, BENGALURU-560002, ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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 Hon9ble Court be pleased to:- (a) Issue a writ of certiorari or order or direction, in the nature of a writ, quashing the impugned Notice dated 21.01.2026 in No. OR/ UBI/ ARB/BNG/983/2025-26 vide Annexure-D, quash the sale notice dated 21.01.2026 vide Annexure-E, - 3 - HC-KAR NC: 2026:KHC:18024 WP No. 7237 of 2026 and the terms and conditions of the sale of immovable secured Assets dated 21.01.2026 in No.OR/UBI/ARB/BNG/983/2025-26 vide Annexure- F issued by Respondent-Union Bank of India, 2/3, Raja Building, N.R.Road, Bengaluru-560002. (b) Issue a writ of mandamus, directing the Respondent-Union Bank of India, 2/3, Raja Building, N.R.Road, Bengaluru-560002 not to issue sale certificate in favour of anybody, muchless in favour of the auction purchaser, who participated in the auction proceedings dated 13.02.2026, in the interest of justice and equity. (c) Pass such other order/s, as the petitioner is entitled to in the facts and circumstances of the case, including the costs of the proceedings, in the interest of justice and equity.= 2. Learned counsel appearing for the petitioner submits that the Bank has already sold one of the property for sum of Rs.86 Lakhs and another property for sum of Rs.1 Crore and therefore, the petitioner has come before this Court. 3. Learned counsel appearing for the Respondent/Bank submits that one of the property is already sold on 13.02.2026 for an amount of Rs.86 Lakhs and another property for an amount of Rs.1 Crore and Sale Certificate is also issued. - 4 - HC-KAR NC: 2026:KHC:18024 WP No. 7237 of 2026 4. Having heard the learned counsels on either sides, perused the entire material on record. This Court is of the view that, when any of the parties are aggrieved by the proceedings initiated by the Bank under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (herein after referred to as SARFAESI Act, for short) the remedies are available to the parties to go before the Debt Recovery Tribunal. If he is coming before this Court under Article 226 of the Constitution of India, the petitioner has to convince this Court what are the exceptional reasons on which he is seeking indulgence of this Court. The reasons that are stated by the petitioner are not the reasons, on which, this Court can exercise the jurisdiction and also the fact that the sale has already taken place and the Sale Certificate has been issued, 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 appropriate Forum. - 5 - HC-KAR NC: 2026:KHC:18024 WP No. 7237 of 2026 ii. All pending I.As if any, in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE DH List No.: 1 Sl No.: 25