IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

WRIT PETITION NO. 31306 OF 2025 (GM-DRT)

BETWEEN:

SRI ASHOKA C

S/O LATE CHIKKA ABBAIAH

AGED ABOUT 64 YEARS

R/AT NO.13, CHIKKABAIAH ROAD,

OPP. MAY FLOWER GARDEN,

NAGAVARAPALYA, BENGALURU NORTH,

BENGALURU - 560093

…PETITIONER

(BY SRI. MAHESHKIRAN SHETTY S., ADVOCATE)

AND:

Digitally signed

by MEGHA

MOHAN 1. THE RESERVE BANK OF INDIA

Location: HI GH

COURT OF

CENTRAL OFFICE, 10TH FLOOR,

KARNATAKA

CENTRAL OFFICE BUILDING,

SHAHID BHAGAT SINGH MARG,

POST BOX NO.10014

MUMBAI - 400 001

REPRESENTED BY ITS

AUTHORISED OFFICER

2. TUMKUR GRAIN MERCHANTS CO-OPERATIVE BANK LTD., ADMIN OFFICE. B H ROAD, TUMKUR - 572 103 REPRESENTED BY ITS AUTHORISED OFFICER …RESPONDENTS (BY SRI. K.V.LOKESH, ADVOCATE FOR C/R2;)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION TO QUASH THE SALE NOTICE DATED 15.09.2025 ISSUED BY THE RESPONDENT NO. 2 BANK BEARING REF. NO.S TGMCB/SEC/55/2025-26 VIDE ANNEXURE-D IN SO FAR AS PETITIONER IS CONCERNED., 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 writ petition is filed seeking for the following reliefs:

(a) Issue a Writ in the nature of Certiorari or any other appropriate writ or direction to quash the sale notice dated 15.09.2025 issued by the Respondent No. 2 bank bearing ref. No.s TGMCB/SEC/55/2025-26 vide Annexure-D in so far as petitioner is concerned (b) Issue a Writ in the nature of Certiorari or any other appropriate Writ or direction to quash the sale notice dated 15.09.2025 issued by the Respondent No. 2 bank bearing Ref. No. TGMCB/SEC/56/2025-26 vide Annexure-E; in so far as petitioner is concerned (c) Issue a Writ in the nature of Certiorari or any other appropriate Writ or direction to quash the sale notice dated 15.09.2025 issued by the Respondent No. 2 bank bearing Ref. C No. TGMCB/SEC/57/2025-26 vide Annexure-F in so far as petitioner is concerned (d) Pass any other order and direction as this Hon'ble Court deems fit to pass under the facts and circumstances of the case, in the interest of justice and equity.

2. On 16.10.2025, this Court has passed the following order:

"The writ petition is filed questioning the sale notice dated 15.09.2025, the sale is scheduled to be held on 17.10.2025.

Learned counsel appearing for the petitioner submits that the bank had failed to follow the procedure and no notice is issued to him as per Section 13(2) of Chapter III of the SARFAESI Act, 2002 and the account has been declared as NPA during the Covid time which the respondents ought not to have done.

Learned counsel appearing for the respondents on instructions submits that the account was declared NPA in the year 2018 and they have followed the procedure and this writ petition is not maintainable.

Learned counsel appearing for the petitioner submits that they are ready to pay an amount of Rs.1 Crore by 17.10.2025 before the auction is held and by 06.11.2025 they will be paying Rs.5 Crores and they will also pay the remaining amount within a short time. Hence, the auction that is scheduled to be held on 17.10.2025 may be stayed.

Whether the notice as per Section 13(2) of Chapter III of the SARFAESI Act, 2002 was issued to the petitioner or not, unless the respondent/bank files their objections and place all the documents on record, this Court will not be a position to decide the dispute involved in this petition. Considering the fact that the petitioner is ready to pay the amounts, this Court deems it appropriate to pass the following:

ORDER

i. The respondents are at liberty to proceed with the auction scheduled for tomorrow i.e., on 17.10.2025. However, they shall not finalize subject to the condition that the petitioner shall pay an amount of Rs.1 Crore before the auction i.e., on 17.10.2025 before 11