- 1 - HC-KAR NC: 2026:KHC:22320 WP No. 38696 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 38696 OF 2025 (GM-DRT) BETWEEN: MR. VIJAYA. H, AGE ABOUT 38 YEARS, S/O. CHOMA, RESIDING AT HARADY HOUSE, JANATHA COLONY, PUTTUR TALUK, DAKSHINA KANNADA-574 202. …PETITIONER (BY SRI. SHRIRAM ADIGA, ADVOCATE) AND: CANARA BANK LTD., (A REGISTERED BANKING BODY) SAVANUR BRANCH, R/AT PADMAMBA COMPLEX, SAVANUR PUTTUR, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22320 WP No. 38696 of 2025 DAKSHINA KANNADA-574 202. REPRESENTED BY ITS AUTHORIZED OFFICER, SECURIZATION AND CONSTRUCTIONS FINANCIAL ASSESTS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002. …RESPONDENT (BY SRI. VINAY BHAT, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE E-AUCTION SALE DTD. 03.12.2025 FIXING THE AUCTION ON 24.12.2025 ISSUED BY THE RESPONDENT VIDE ANNX-A, DECLARE THE E- AUCTION SALE ISSUED BY THE RESPONDENT DTD. 03.12.2025 FIXING THE AUCTION ON 24.12.2025 AS ILLEGAL VIDE ANNX- A AND ETC. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:22320 WP No. 38696 of 2025 ORAL ORDER The present writ petition is filed seeking the following prayer: "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may be pleased to, (a) Issue a Writ of certiorari to quash the E- Auction sale dated 03.12.2025 fixing the auction on 24.12.2025 issued by the respondent vide Annexure-A. (b) Declare the E-auction sale issued by the respondent dated 03.12.2025 fixing the auction on 24.12.2025 is illegal vide Annexure-A. (c) Pass such other and further orders as this Hon'ble Court deems fit under the facts and circumstances, in the interest of justice and equity." 2. The Co-ordinate Bench of this Court had granted a conditional interim order on 23.12.2025. According to the petitioner as well as the respondent/bank, the said conditional interim order has been complied with partially. 3. When the petitioner is aggrieved by the steps taken by the respondent/bank, the effective and alternative remedy available for him is to approach the Debt Recovery Tribunal, but he cannot come before this Court. Hence, in the considered opinion of this Court, the petitioner shall approach the Debt - 4 - HC-KAR NC: 2026:KHC:22320 WP No. 38696 of 2025 Recovery Tribunal. 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 before the Debt Recovery Tribunal. ii. The petitioner shall have the benefit of Section 14 of the Limitation Act, 1963. iii. The respondent/bank shall not take any coercive steps for a period of four weeks. iv. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 19