- 1 - HC-KAR NC: 2026:KHC:14676 WP No. 7373 of 2024 C/W WP No. 7563 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 7373 OF 2024 (GM-DRT) C/W WRIT PETITION NO. 7563 OF 2024 (GM-DRT) IN WP No. 7373/2024 BETWEEN: MOHAMMED GHOUSE SAIT SON OF MOHAMMED HANEEF SAIT, AGED ABOUT 32 YEARS, RESIDING AT 511, 4TH MAIN ROAD, 3RD BLOCK, NEAR BDA COMPLEX, HBR LAYOUT, BENGALURU - 560 043 …PETITIONER (BY SRI. AJESH KUMAR S., ADVOCATE) AND: 1. BANK OF BARODA (EARLIER VIJAYA BANK) K.G. ROAD BRANCH, REPRESENTED BY ITS MANAGER, BENGALURU - 560 009 2. THE AUTHORISED OFFICER BANK OF BARODA, K G ROAD BRANCH, BENGALURU - 560 009 Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14676 WP No. 7373 of 2024 C/W WP No. 7563 of 2024 3. M.K.POTHARAJ AGED MAJOR, RESIDING AT NO. 32, 1ST CROSS, 4TH BLOCK, RAJMAHAL JAYALAKSHMIPURAM, MYSORE - 570 012 4. MRS. MANJULA S GUTTEDAR AGED MAJOR, W/O SANTOSH V GUTTEDAR, RESIDING AT, 3/1, AIWAN E SHAHI ROAD, OPP GOVERNMENT POLYTECHNIC, AIWAN E SHAHI GULBARGA, KARNATAKA - 585 102 5. MS.POORNIMA POTHARAJ AGED MAJOR, WIFE OF MR.N.VINAY, RESIDING AT NO. 1205, ANRIYA PALATIAL RMV 2ND STAGE, DOLLARS COLONY, BENGALURU - 560 043 6. MRS .VIJAYALAKSHMI ASWATH AGED MAJOR, WIFE OF MR. ASHWATH V., RESIDING AT NO. 645/C, 4TH A MAIN, II STAGE, INDIRANAGAR, BANGALORE - 560 038. …RESPONDENTS (BY SRI. SHETTY VIGNESH SHIVARAM, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO WRIT TO DECLARE THAT THE PROCEEDING INITIATED BY THE RESPONDENT BANK/ AUTHORIZED OFFICER COMMENCING SUBSEQUENT TO THE NOTICE DATED: 14.06.2017 ANNEXURE- D UNDER SECTION 13(2) OF THE SARFAESI ACT LEADING TO - 3 - HC-KAR NC: 2026:KHC:14676 WP No. 7373 of 2024 C/W WP No. 7563 of 2024 THE REJECTION OF THE OFFER OF THE PETITIONER ON 27.06.2017 UNDER RULE 3A OF THE SARFAESI ACT AND SUBSEQUENT SALE ON 23.04.2018 TO R4 ARE ILLEGAL, NULL AND VOID, AND THEREFORE QUASH THE SALE CERTIFICATE DATED: 23.04.2018 AND 31.03.2018 ISSUED IN FAVOUR OF R4 AND R5 APPENDED AT ANNEXURE-L AND ANNEXURE-M AND FURTHER SALE CERTIFICATE DATED: 31.03.2018 ISSUED IN FAVOUR OF R6 APPENDED AT ANNEXURE-N. IN WP NO. 7563/2024 BETWEEN: MOHAMMED HANEEF SAIT S/O MOHAMMED IBRASHIM SAIT AGED ABOUT 56 YEARS RESIDING AT NO. 186 12TH CROSS, 3RD BLOCK HBR LAYOUT BENGALURU -560 034 ...PETITIONER (BY SRI. AJESH KUMAR S., ADVOCATE) AND: 1. BANK OF BARODA (EARLIER VIJAYA BANK) K G ROAD BRANCH REPRSENTED BY ITS MANAGER BENGALURU -560 009 2. THE AUTHROIZED OFFICER BANK OF BARODA K G ROAD BRANCH BENGALURU -560 009 3. M.K.POTHARAJ AGED MAJOR RESIDING AT NO 32 1ST CROSS, 4TH BLOCK RAJMAHAL JAYALAKSHMIPURAM - 4 - HC-KAR NC: 2026:KHC:14676 WP No. 7373 of 2024 C/W WP No. 7563 of 2024 MYSORE -570 012 4. MRS.MANJUAL S GUTTEDAR W/O SANTOSH V GUTTEDAR 3/1, AIWAN E SHAHI ROAD OPP. GOVENRMENT POLYTECHNIC AIWAN E. SHAHI GULBARGA KARNATAKA -585 102 5. MS. POORNIMA POTHRAJ WIFE OF MR N.VINAY RESIDING AT NO.1205 ANRIYA PALATIAL RMV 2ND STAGE DOLLARS COLONY BENGALURU -560 043 ...RESPONDENTS (BY SRI. SHETTY VIGNESH SHIVARAM, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO- DECLARE THAT THE PROCEEDING INITIATED BY THE RESPONDENT BANK/AUTHORIZED OFFICER COMMENCING SUBSQUENT TO THE NOTICE DATED: 14.06.2017 UNDER SECTION 13(2) OF THE SARFAESI ACT LEADING TO THE REJECTION OF THE OFFER OF THE PETITIONER ON 27.06.2017 UNDER RULE 3A OF THE SARFAESI ACT AND SUBSEQUENT SALE ON 23.04.2018 TO R4 ARE ILLEGAL, NULL AND VOID, AND THEREFORE QUASH THE SALE CERTIFICATE DATED: 23.04.2018 AND 31.03.2018 ISSUED IN FAVOR OF THE R4 AND R5 APPENDED AT ANNEXURE-K AND ANNEXURE-L. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2026:KHC:14676 WP No. 7373 of 2024 C/W WP No. 7563 of 2024 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petitions are filed seeking following prayer: "Wherefore, the petitioners most respectfully pray that this Hon'ble Court may be pleased to: a) To issue suitable order, writ to declare that the proceeding initiated by the respondent Bank/Authorized Officer commencing subsequent to the Notice dated 14.06.2017 vide Annexure-D under Section 13(2) of the SARFAESI Act leading to the rejection of the offer of the petitioner on 27.06.2017 under Rule 3A of the SARFAESI Act and subsequent sale on 23.04.2018 to respondent No.4 are illegal, null and void, and therefore quash the sale certificate dated 23.04.2018 and 31.03.2018 issued in favour of respondent No.4 and respondent No.5 appended at Annexure-L and Annexure-M and further sale certificate dated 31.03.2018 issued in favour of respondent No.6 appended at Annexure-N. b) To issue suitable writ of mandamus directing the Bank to conduct sale of petition schedule property afresh in accordance with procedure under SARFAESI Act. c) To grant such other relief/s as this Hon'ble Court may deem fit to grant under the circumstances of the case, in the interest of justice and equity." 2. Learned counsel appearing to the petitioner submits that when the Bank has filed Original Application (for short - 6 - HC-KAR NC: 2026:KHC:14676 WP No. 7373 of 2024 C/W WP No. 7563 of 2024 'O.A'), he has taken the contention that the Bank has failed to take steps as contemplated under the SARFAESI Act. As such, they cannot put the property to auction. These issues are not considered by the DRT in the O.A, however, disposed of by giving liberty to the petitioner to avail the appropriate remedy in accordance with law. As such the petitioner has come up before this Court. 3. Learned counsel appearing for the respondent/Bank submits that the petitioner ought to have questioned the same by filing Securitisation Application( for short 'S.A') before the DRT, but for the reasons best known to him, he has not filed S.A, but came before this Court by filing the petition. It is submitted that the sale was concluded in the year 2018, Sale Certificate is given and the Auction Purchaser is in position of the property. It is submitted that it is not open to the petitioner to re-agitate all these issues. Learned counsel appearing for the auction purchaser submits that they are in possession of the property right from 2018. 4. Having heard the learned counsels on either side, perused the material on record. The undisputed facts are the - 7 - HC-KAR NC: 2026:KHC:14676 WP No. 7373 of 2024 C/W WP No. 7563 of 2024 auction was conducted in the year 2018. The Auction Purchaser was put in possession of the property. The respondent/Bank has initiated proceeding in O.A. In the said O.A, the petitioner has raised the issue with regard to the steps that were not taken by the Bank and how the sale that is conducted by the Bank is vitiated. The Tribunal has disposed of the said matter and has observed that the petitioner can avail the remedy before the appropriate forum. The petitioner ought to have approached the DRT under Section 17 of SARFAESI Act by filing an S.A where the DRT would be considering whether the measures are taken by the respondent and the sale i.e., conducted by the Bank were in accordance with the Act and the Rules. But without availing the appropriate remedy, petitioner has come before this Court. 5. During course of hearing, learned counsel appearing for the petitioner submits that liberty may be given to the petitioner to avail the appropriate remedy. However, it is submitted that the petitioner may have the benefit of Section 14 of the Limitation Act. Considering the fact that there is an - 8 - HC-KAR NC: 2026:KHC:14676 WP No. 7373 of 2024 C/W WP No. 7563 of 2024 effective alternative remedy available to the petitioner, in that view of the matter this Court is passing the following: ORDER i. Accordingly, the writ petitions are disposed of giving liberty to the petitioner to avail the alternative remedy, if any, in accordance with law. ii. The petitioner shall have the benefit of Section 14 of the Limitation Act from the date of filing of the writ petition. iii. All the contentions are left open to the parties. iv. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 22