- 1 - HC-KAR NC: 2026:KHC:14301 WP No. 17117 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 17117 OF 2022 (GM-RES) BETWEEN: SMT. V. GEETHA W/O. SRI. NARASIMHA REDDY, D/O. SRI. V. VENKATA REDDY, AGED ABOUT 41 YEARS, RESIDING AT NO.114, 1ST FLOOR, JARAGANAHALLI, 3RD CROSS, NEAR GANGADHARESHWARA TEMPLE, J. P. NAGAR POST, BENGALURU - 560 085. …PETITIONER (BY SRI. AJIT KALYAN, ADVOCATE) AND: 1. M/S. UNION BANK OF INDIA UNION LOAN POINT, NO.43, 2ND STAGE, DHCS LAYOUT, NEAR BMTC DEPOT, CHANDRA LAYOUT, BENGALURU - 560 040, REPRESENTED BY ITS CHIEF MANAGER/ AUTHORIZED OFFICER, ALSO AVAILABLE AT NO.583/584, 2ND FLOOR, POOJA COMPLEX, AVENUE ROAD, BENGALURU - 560 002. 2. MRS. VASUKI RAMASWAMY D/O. SRI. RAMASWAMY P., AGED ABOUT 39 YEARS, RESIDING AT NO.15 (OLD NO.723/A), Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14301 WP No. 17117 of 2022 2ND FLOOR, 23RD CROSS, OPP. KMF DAIRY, 6TH BLOCK, JAYANAGARA, BENGALURU - 560 082, ALSO AVAILABLE AT NO.23/47, C/O. GOVIND PRASAD, 27TH CROSS, 7TH BLOCK, BENGALURU - 560 082. 3. MR. K. SATHYAVELU AGED ABOUT 43 YEARS, RESIDING AT NO.39/03, BDA ROAD, NANJA REDDY COLONY, MURUGESHPALYA, BENGALURU - 560 017. 4. SRI. YUVARAJA S. S/O. KADARAVELU, AGED ABOUT 44 YEARS, RESIDING AT PROP. SAI PRIYA TOURS AND TRAVELS, NO.1, BDA MAIN ROAD, BENGALURU - 560 017. 5. SRI. SADASHIVAREDDY S/O. LATE SRI. V. VENKATAREDDY, AGED ABOUT 51 YEARS, RESIDING AT C/O. PARVATHAMMA, GOLLAHALLI VILLAGE, ANJANAPURA POST, BENGALURU - 560 062. …RESPONDENTS (BY SRI. PRADEEP PATIL, ADVOCATE FOR SRI. K.G. MAHESH KUMAR, ADVCOATE C/R1) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED AUCTION NOTICE DTD 03.08.2022 BEARING NO.OR/UBI/ARB/BNG/186/2022-23 IN CRL.MISC.NO. 8596/2011, PRODUCED AS ANNEXURE-A AND ETC. - 3 - HC-KAR NC: 2026:KHC:14301 WP No. 17117 of 2022 THIS PETITION COMING ON FOR DISMISSAL, 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 prayers: "a) issue a writ of Certiorari and quashing the impugned Auction Notice dated 03.08.2022, bearing No. OR/UBI/ARB/BNG/186/ 2022 -23 in Crl.Misc.No.8596/2011 produced as ANNEXURE 'A' b) Consequently issue a writ of Certiorari and quashing the order dated 24.09.2018 M passed by the Hon'ble V Additional Magistrate Court, produced as ANNEXURE 'B' in Crl.Misc.No.8596/2011 c) and grant such further/other orders as this Hon'ble Court deems fit to be granted in the facts and circumstances, in the interest of Justice and Equity." 2. Learned counsel appearing for the petitioner submits that the petitioner is neither a borrower nor a guarantor and therefore the proceedings against the petitioner - 4 - HC-KAR NC: 2026:KHC:14301 WP No. 17117 of 2022 under the SARFEASI Act are not maintainable. She has filed SA No.92/2012 before the Debt Recovery Tribunal (for short 'DRT'), which came to be disposed of by order dated 04.09.2012. In the said order, the DRT has observed that several grounds with regard to fraud and misrepresentation have been taken, which cannot be determined by the DRT. Further, the Tribunal cannot decide the validity of the documents executed between the respondent Nos.2 and 3 in O.A. Therefore, the S.A, was disposed of by granting liberty to both parties to adjudicate their contentions, which are required to be decided by the Civil Court. 3. This writ petition is filed in the year 2022, questioning the auction notice. The very same grounds are urged before this Court. 4. The learned counsel for the petitioner submits that, since the petitioner has neither mortgaged the property nor is she a borrower or guarantor, the respondent ought not to have initiated proceedings under the SARFAESI Act in respect of the said property. It is submitted that, as per the order passed by the Tribunal, she has approached the Civil Court by filing - 5 - HC-KAR NC: 2026:KHC:14301 WP No. 17117 of 2022 O.S. No.25844/2011 before the City Civil Court, Bangalore and the same is pending adjudication. It is further contended that the respondent No.1 Bank cannot proceed with the auction. 5. Learned counsel appearing for the respondent No.1 Bank submits that both the borrower as well as the petitioner have filed two S.As. One SA No.132/2018 was filed by the borrower, which came to be dismissed on 04.03.2022. It is further submitted that, when an alternative remedy is available to the petitioner, the petitioner cannot come before this Court by filing the instant writ petition. 6. Having heard the learned counsel on either side, perused the material on record. 7. A Co-ordinate Bench of this Court, by order dated 09.09.2022, observed that the auction may continue. However, the same shall not be confirmed without the leave of the Court. Unconditional interim protection has been granted, as the petitioner is neither a borrower nor a surety and that there is a Civil Court decree in her favour. The petitioner has made allegations of fraud with regard to the sale deed executed in respect of the property and it is her contention that, in respect - 6 - HC-KAR NC: 2026:KHC:14301 WP No. 17117 of 2022 of the very same property, respondent No. 1 – Bank has initiated proceedings. Way back in the year 2011, the petitioner has approached the Civil Court and in the year 2012, she approached the DRT. The DRT has directed the petitioner to avail appropriate remedy i.e., to pursue the pending civil suit. Now, in the year 2022, the petitioner has approached this Court raising the very same contentions that were raised before the DRT, which have attained finality. 8. When civil proceedings between the parties are pending, and it is stated that final decree proceedings are also pending, the party cannot avail simultaneous remedies before different forums. Whatever be the stage of the proceedings, when an effective alternative remedy is available before the competent Court, the petitioner ought not to have approached this Court. 9. Be that as it may, the petitioner has been enjoying an interim order since 2022, which amounts to a clear abuse of the process of the Court. The petitioner is not entitled to any relief from this Court, particularly when all the parties are before the competent Forum. - 7 - HC-KAR NC: 2026:KHC:14301 WP No. 17117 of 2022 10. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of as not maintainable, giving liberty to the petitioner to avail appropriate remedy. ii. Pending IAs., if any, shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 7