- 1 - HC-KAR NC: 2026:KHC:19391 WP No. 10791 of 2026 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. 10791 OF 2026 (GM-DRT) BETWEEN: 1. SMT. NEELAVENI. B, W/O. SRI R.T. ARASU, AGED ABOUT 79 YEARS, R/AT NO 258, 5TH MAIN ROAD, 7TH CROSS, ARUNDATHI NAGAR, GANGONDANAHALLI, CHANDRA LAYOUT, BENGALURU 560039 …PETITIONER (BY SRI. PULKITH KISHORE GOEL.,ADVOCATE) AND: 1. THE BANGALORE CITY CO-OPERATIVE BANK LIMITED REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT, 1904 NO.3, PAMPA MAHAKAVI ROAD, CHAMRAJPETE, BENGALURU 560018 REPRESENTED BY ITS CHIEF MANAGER 2. THE BANGALORE CITY CO-OPERATIVE BANK LIMITED REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT, 1904 VIJAYANAGAR BRANCH NO.7E, 14TH MAIN ROAD, (EAST) VIJAYANAGARA, BENGALURU 560040 REPRESENTED BY ITS CHIEF MANAGER …RESPONDENTS (BY SRI. K.V LOKESH.,ADVOCATE FOR C/R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ISSUE A WRIT OF Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19391 WP No. 10791 of 2026 CERTIORARI OR AN ORDER OR DIRECTION TO QUASH THE IMPUGNED SALE NOTICE OF IMMOVABLE PROPERTY DATED 05.03.2026 BEARING REF NO BCCB/AO/SARFAESIA/076/2025-26 ISSUED BY THE RESPONDENT NO 1 BANK AT ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, 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 prayer: "Wherefore, it is prayed that this Hon’ble Court may be pleased to: a. Issue a writ of certiorari or an order or direction to quash the impugned Sale Notice of immovable property dated 05.03.2026 bearing ref No: BCCB/AO/SARFAESIA/076/ 2025-26 issued by the respondent No.1 Bank at Annexure-A. b. Grant such other writ, order or direction as this Hon’ble Court may deem fit to grant under the facts and circumstances of the case in the interest of justice and equity.” 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 - 3 - HC-KAR NC: 2026:KHC:19391 WP No. 10791 of 2026 WP.Nos.35564-35566/2015 dated 27.03.2018, the present writ petition is not maintainable against the Bangalore City Co- operative Bank Limited, which is a private Bank. 3. In that view of the matter, this Court is passing the following: 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. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 31