- 1 - HC-KAR NC: 2026:KHC:19387 WP No. 8385 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 8385 OF 2025 (GM-DRT) BETWEEN: 1. SRI. DHANALAKSHMI CONSTRUCTIONS A PARTNERSHIP FIRM NORONHA COMPLEX, NEAR CHURCH ROAD, BELTHANGADI, BELTHANGADI TALUK, D K DISTRICT, KARNATAKA - 574 214 REPRESENTED BY ITS PARTNERS MR SUBHASCHANDRAJAIN B K S/O BHOJARAJ KODAE MR KAURANAKARA G KULAL S/O JANNU MOOLYA 2. MRS. APARNA W/O SUBASCHANDRA JIAN, AGED ABOUT 49 YEARS , “SHREE SWASTHIK” , NEAR AYYAPPA TEMPLE, KUVETTU, BELTHANGADY, BELTHANGADY TALUK,D.K.DISTRICT, KARNATAKA – 574214. 3. MR.SHAREEF.P.K, S/O UMMAR SAHEB, AGED ABOUT MAJOR, DOOR NO:. 155 NEAR, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19387 WP No. 8385 of 2025 PERODITHAYA KATTE, THENKAKARANDOOR, BELTANGADI TQ, D.K.574 217. …PETITIONER (BY SRI. DIGANTH JAIN, ADVOCATE FOR SRI NAGARALE SANTOSH SUBHASHCHANDRA, ADVOCATE) AND: VISHWAKARMA SAHAKARA BANK LTD HEAD OFFICE AT CARSTREET MANGALURU KARNATAKA – 575 001 REP BY ITS AUTHORIZED OFFICER …RESPONDENT (BY SRI. SHOWRI H R.,ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE E- AUCTION SALE NOTICES DATED 21.02.2025 ISSUED BY THE RESPONDENT BANK UNDER THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 READ WITH PROVISO TO RULE 8 (6) OF THE SECURITY INTEREST (ENFORCEMENT) RULES 2002 VIDE ANNEXURE-A. 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:19387 WP No. 8385 of 2025 ORAL ORDER The present writ petition is filed seeking the following prayer: "Wherefore the petitioners most humbly prays that in the interest of justice this Hon’ble Court to please to:- 1. Issue a writ of certiorari to quash the E- Auction Sale Notices dated 21.02.2025 issued by the respondent bank under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 read with proviso to Rule 8 (6) of the Security Interest (Enforcement) rules 2002 vide ANNEXURES A. 2. Grant such other and further relief’s as this Hon’ble Court deems fit and proper under the facts and circumstances of the case in the interest of justice." 2. The writ petition is filed against the respondent Bank which is not a nationalized bank. In the light of the judgment passed by the Hon’ble Apex Court in Civil Appeal Nos.257-259/2022 between Phoenix ARC Private Limited Vs. Vishwa Bharathi Vidya Mandir and others arising out of WP.Nos.35564-35566/2015 dated 27.03.2018, the present writ petition is not maintainable against Vishwakarma Sahakara Bank Ltd, which is a private Bank. 3. In that view of the matter, this Court is passing the following: - 4 - HC-KAR NC: 2026:KHC:19387 WP No. 8385 of 2025 ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioner to avail the appropriate remedy. ii. The petitioner shall have the benefit of Section 14 of the Limitation Act. iii. As the petitioner has the benefit of the interim order, the same shall continue for a period of four weeks. iv. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 16