- 1 - HC-KAR NC: 2026:KHC:5608 WP No. 38546 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 38546 OF 2025 (GM-DRT) BETWEEN: SRI. N YOGISH BHAT S/O LATE N. KOGGANNA BHAT, AGED ABOUT 72 YEARS, RESIDING AT D.NO. 4-3-406/17, “SHRI KAMAKSHI”, BEHIND CANARA COLLEGE, KODIALBAIL, MANGALURU 575 003 …PETITIONER (BY SRI. HEMANTH R. RAO, ADVOCATE) AND: 1. M/S ICICI BANK LIMITED REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE, HAVING ITS REGISTERED OFFICE AT ICICI BANK TOWERS, NEAR CHAKLI CIRCLE, OLD PADRA ROAD, VADODARA - 390 007. AND ALSO AT BRANCH OFFICE ICICI BANK LIMITED, 201/202, 2ND FLOOR, CLASSIQUE ARCADE BUILDING, K.S. RAO ROAD, MANGALURU - 575 001. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5608 WP No. 38546 of 2025 2. THE AUTHORIZED OFFICER ICICI BANK LIMITED, 1ST FLOOR, WEST WING, DSMG, MYTHRI CENTRE, NO. 4/10, HOSUR MAIN ROAD, BOMMANAHALLI, BENGALURU - 560 068 3. THE REGISTRAR DEBTS RECOVERY TRIBUNAL-1 4TH FLOOR TELEPHONE HOUSE RAJ BHAVAN ROAD BENGALURU-560 001 …RESPONDENTS (BY SRI. FRANCIS XAVIER, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING AND SETTING ASIDE THE DAILY ORDER DATED 17-12-2025 (ANNEXURE-L) PASSED BY THE HONBLE DEBTS RECOVERY TRIBUNAL-I, BENGALURU IN S.A. DIARY NO. 3371/2025, INSOFAR AS IT RELATES TO THE NON-GRANTING OF AD- INTERIM RELIEF TO THE PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:5608 WP No. 38546 of 2025 ORAL ORDER The present writ petition is filed seeking the following prayer: “WHEREFORE, the Petitioner most respectfully prays that this Hon’ble Court may be pleased to: a. Issue a WRIT OF CERTIORARI or any other appropriate writ, order, or direction quashing and setting aside the Daily Order dated 17-12- 2025 (Annexure-L) passed by the Hon’ble Debts Recovery Tribunal-I, Bengaluru in S.A. Diary No.3371/2025, insofar as it relates to the non-granting of ad-interim relief to the Petitioner; b. Issue a WRIT OF CERTIORARI or any other appropriate writ, order, or direction quashing the impugned Sale Notice dated 10-10-2025 (ANNEXURE-C) issued by the Respondent No.2, proposing to auction the Schedule Property, as being illegal, arbitrary, and violative of the SARFAESI Act, 2002; c. Issue a WRIT OF MANDAMUS or any other appropriate writ or direction directing the Respondent No.1 and No.2 not to confirm the sale, issue a Sale Certificate, or take any further steps for dispossession in respect of the Schedule Property pursuant to the Sale Notice dated 10-10-2025 (ANNEXURE-C), until the final disposal of the application for interim relief pending before the Hon’ble DRT-I; d. Pass such other orders as this Hon’ble Court deems fit in the facts and circumstances of the case, including the award of costs, in the interest of justice and equity.” 2. It is the grievance of the petitioner that the Debt Recovery Tribunal had not considered his application for stay, - 4 - HC-KAR NC: 2026:KHC:5608 WP No. 38546 of 2025 as he has approached with a delay of 10 days and as such, he is constrained to file this writ petition before this Court. 3. Learned counsel appearing for the respondent/Bank submits that the reliefs sought before this Court are to set aside the daily order dated 17.12.2025 and also to quash the sale notice and the other prayer is not to confirm the sale. It is submitted that the sale certificate was issued prior to filing of this writ petition and the same is also registered. Possession was taken on 27.01.2025 and they have not given possession to the auction purchaser. 4. Having heard the learned counsels on either side, perused the material on record. An implead application is filed on behalf of the auction purchaser. For the relief as sought, this Court is not inclined to entertain this writ petition and the petitioner can pursue the pending S.A. before the Debt Recovery Tribunal. As this Court is disposing of the writ petition, now at this stage, impleading the auction purchaser is not necessary. If he is advised, he can approach the Debt Recovery Tribunal and implead himself in the pending S.A. In that view of the matter, this Court is passing the following: - 5 - HC-KAR NC: 2026:KHC:5608 WP No. 38546 of 2025 ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioner to prosecute the pending S.A. ii. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 15