- 1 - HC-KAR NC: 2026:KHC:19865 WP No. 33949 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 33949 OF 2024 (GM-DRT) BETWEEN: 1. MR. H.V. GOPAL, S/O LATE N VENKATA JETTY AGED ABOUT 51 YEARS 232/28, 14TH MAIN ROAD, GOKULA 1ST STAGE 1ST PHASE BENGALURU - 560 054 2. H V SURESH S/O LATE N VENKATA JETTY AGED ABOUT 46 YEARS 232/28, 14TH MAIN ROAD, GOKULA 1ST STAGE 1ST PHASE BENGALURU - 560 054 3. H.V. NAGARATHNA D/O. LATE N. VENKATA JETTY AGED ABOUT 58 YEARS NO.232/28, 14TH MAIN ROAD, GOKULA 1ST STAGE, 1ST PHASE BENGALURU - 560 054 4. H V NIRMALA D/O LATE N VENKATA JETTY AGED ABOUT 50 YEARS 232/28, 14TH MAIN ROAD, GOKULA 1ST STAGE 1ST PHASE BENGALURU - 560 054 …PETITIONERS (BY SMT. SIRI RAJASHEKAR, ADVOCATE) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19865 WP No. 33949 of 2024 AND: 1. THE BANGALORE SOUHARDHA CENTRAL COOPERATIVE BANK (PRESENTLY THE SHAMRAO VITHAL CO OPERATIVE BANK LIMITED) 1 2ND FLOOR, CENTRAL BANK ROAD, CHAMARAJPET BANGALORE KARNATAKA-560018 REP BY ITS CHIEF EXECUTIVE OFFICER 2. SEETHA RAMU K J S/O K S JAVARAPPA 9, 1ST MAIN ROAD, 1ST CROSS NEAR MES RING ROAD, SHARADAMBA NAGAR JALAHALLI BENGALURU KARNATAKA - 560 013 …RESPONDENTS (BY SRI. SUPREETH S., ADVOCATE FOR C/R1 SRI. ETHESHAM IBRAHIM, ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE COMMUNICATION OF THE E-AUCTION SALE VIDE NO. SVC/BNG/L AND R/523/2022-23 DATED 04.03.2023 VIDE ANNX-F BY RESPONDENT BANK IN VIOLATION OF THE STATUTORY PROVISIONS AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:19865 WP No. 33949 of 2024 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayers: "a) ISSUE A writ in the nature of certiorari to set aside the communication of the e-auction sale Vide No. SVC/BNG/L&R/523/2022-23, dated 04.03.2023 vide Annexure-F by Respondent bank in violation of the statutory provisions. b) ISSUE A writ in the nature of certiorari to set aside the sale certificate issued by the respondent vide Annexure-J, dated 01.06.2023 and all further action pursuant to issuance of sale confirmation letter Vide No. SVC/ BNG/L&R/523/2022-23, dated 04.03.2023 at Annexure-F. c) ISSUE A writ of appropriate nature to set aside final order dated 29.11.2024 in SA.No. 431/2024 passed by the Debts Recovery Tribunal-1 vide Annexure-K. - 4 - HC-KAR NC: 2026:KHC:19865 WP No. 33949 of 2024 d) ISSUE A writ of Mandamus directing the Respondent to restore the possession of the schedule property herein under (Schedule Property) to the petitioners forthwith in ends of justice; and e) PASS such other orders as may be deemed appropriate in the ends of justice and equity." 2. The writ petition is of the year 2024. The writ petition is filed against the respondent Bangalore Souhardha Central Cooperative Bank, which is private finance company. In the light of the law laid down by the Hon’ble Supreme Court in Phoenix ARC Private Limited vs. Vishwa Bharati Vidya Mandir & Others, in Civil Appeal Nos.257-259 of 2022, a writ petition against the private financial institution is not maintainable. 3. Hence, the writ petition is liable to be dismissed as not maintainable. In that view of the matter, this Court is passing the following: - 5 - HC-KAR NC: 2026:KHC:19865 WP No. 33949 of 2024 ORDER i. Accordingly, the writ petition is disposed of, giving liberty to the petitioners to avail the appropriate remedy before the Debt Recovery Tribunal. ii. The petitioners shall have the benefit of Section 14 of the Limitation Act. iii. The interim order granted by the Co-ordinate Bench of this Court on 16.12.2024 shall continue for a period of four weeks *from the date of receipt of the copy of the order. iv. Pending IAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 11 * Corrected and inserted vide chamber order dated: 28/04/2026.