- 1 - HC-KAR NC: 2026:KHC:3361 WP No. 27781 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 27781 OF 2024 (GM-DRT) BETWEEN: 1. M/S SRI SHANKAR PLYWOOD AND BOARD INDUSTRIES A SOLE PROPRIETORSHIP, HAVING OFFICE AT PLOT NO.361, KIADB HASSAN GROWTH CENTRE, HN PURA ROAD, HASSAN-573201 REPRESENTED BY PROPRIETRIX, MRS. HANSA MANOHARLAL PATEL 2. M/S SRI SHANKAR TIMBERS A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.289, MYSORE ROAD, KENCHENAHALLI, BANGALORE-573201 REPRESENTED BY ITS PARTNER, SRI MANOHARLAL VISHRAM PATEL. 3. M/S SRI SHANKAR VENEERS INDUSTRIES A SOLE PROPRIETORSHIP HAVING OFFICE AT PLOT NO.361, KIADB, HASSAN GROWTH CENTRE, H N PURA ROAD, HASSAN-573201 REPRESENTED BY PROPRIETRIX, MRS. VANDANA HIRALAL PATEL Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3361 WP No. 27781 of 2024 4. M/S SRI SHANKAR VIJAY SAW MILLS A PARTNERSHIP FIRM, HAVING OFFICE AT BELUR ROAD, NEAR VIJAYA NAGAR EXTENSION, HASSAN-573201 REP. BY SRI MANOHARLAL VISHRAM PATEL. …PETITIONERS (BY SRI. UDAYA PRAKASH M., ADVOCATE) AND: KARUR VYSYA BANK LIMITED ASSET RECOVERY BRANCH, DIVISIONAL OFFICE BUILDING, NO.6, SHRIVASAVI TEMPLE ROAD, NEAR SAJJAN RAO CIRCLE, V V PURAM, BANGALORE-560004 REPRESENTED BY ITS CHIEF MANAGER AND AUTHORISED OFFICER. …RESPONDENT (BY SRI. T. MOHANDAS RAO, ADVOCATE FOR C/R IN CP 12378/2024) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE E-AUCTION SALE NOTICE DTD 27.09.2024 ISSUED BY THE RESPONDENT IN RESPECT OF SCHEDULE PROPERTIES (ANNEXURE-N). DIRECT THE RESPONDENTS TO RESTORE THE POSSESSION OF THE SCHEDULE PROPERTY BACK TO PETITIONERS. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:3361 WP No. 27781 of 2024 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner filed this writ petition for quashing e- auction sale notice dated 27.09.2024 issued by the respondent in respect of schedule properties (Annexure-N) and restore the possession of the schedule property back to the petitioners. 2. Brief facts leading rise to the filing of this petition are as follows: 2.1. The petitioners obtained a loan from the respondent-Bank and failed to repay the loan amount. The respondent initiated proceedings under Section 14 of the the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’ for short) and filed a criminal miscellaneous petition in Crl.Misc.No.8/2021 on the file of learned Principal Senior Civil Judge and CJM at Hassan (‘Magistrate Court’ for short). The said petition came to be allowed by order dated 22.12.2021. It is contended that, - 4 - HC-KAR NC: 2026:KHC:3361 WP No. 27781 of 2024 all of a sudden, on 14.07.2023, the officials of the respondent-Bank, along with Police, came near the petitioners’ house, without any prior intimation, forcibly thrown out everyone from the house and taken the possession of the schedule property. The respondent-Bank issued a sale notice dated 26.07.2023 to sell the property in question. The petitioners, aggrieved by the issuance of sale notice, filed this petition. 3. Heard the arguments of learned counsel for the petitioner. 4. Learned counsel for the petitioner submits that, the respondent-Bank has not followed the procedures prescribed under the provisions of the SARFAESI Act. The action of the respondent-Bank in initiating the recovery proceedings is contrary to the provisions of the SARFAESI Act. Hence, on these grounds, he prays to allow the writ petition. - 5 - HC-KAR NC: 2026:KHC:3361 WP No. 27781 of 2024 5. Perused the records and considered the submissions of learned counsel for the petitioners. 6. The undisputed facts are, the petitioners obtained a loan from the respondent-Bank and they were defaulters and have failed to repay the loan amount. The respondent-Bank initiated a recovery proceedings and filed a petition under Section 14 of the SARFAESI Act in Crl.Misc.No.8/2021 on the file of the Magistrate Court. The said petition came to be allowed vide order dated 22.12.2021. 7. The petitioners without challenging the order passed under Section 14 of the SARFAESI Act in Crl.Misc.No.8/2021, filed this writ petition challenging the sale notice. The respondent-Bank issued the sale notice on 26.07.2023. By efflux of time, the writ petition has rendered infructuous. I do not find any grounds to entertain the writ petition. Accordingly, the writ petition is dismissed as having rendered infructuous. - 6 - HC-KAR NC: 2026:KHC:3361 WP No. 27781 of 2024 8. In view of dismissal of the petition, pending IA(s), if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE PA CT:KHV List No.: 1 Sl No.: 4