IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH 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, 1^ST FLOOR, JARAGANAHALLI, 3^RD 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 Digitally UNION LOAN POINT, signed by NO.43, 2^ND STAGE, DHCS LAYOUT, SUVARN A T NEAR BMTC DEPOT, CHANDRA LAYOUT, Location:

BENGALURU - 560 040, HIGH REPRESENTED BY ITS CHIEF MANAGER/

COURT OF AUTHORIZED OFFICER, KARNATAKA ALSO AVAILABLE AT NO.583/584, 2^ND 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), 2^ND FLOOR, 23^RD CROSS, OPP. KMF DAIRY, 6^TH BLOCK, JAYANAGARA, BENGALURU - 560 082, ALSO AVAILABLE AT NO.23/47, C/O. GOVIND PRASAD, 27^TH CROSS, 7^TH 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.

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 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 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 au