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NC: 2026:KHC:18579 WP No. 35430 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF APRIL, 2026

BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

WRIT PETITION NO. 35430 OF 2024 (GM-DRT)

BETWEEN:

MR H.C.KRISHNACHARI S/O CHIKKADODDACHARI

AGED ABOUT 61 YEARS, RESIDING AT 1265, ANEKAL

MAIN ROAD, PATTAALAMMA LAYOUT, OPP. VIJAYA BANK, JIGANI,

BANGALORE-560 105 …PETITIONER

(BY SRI. NAVEED AHMED, ADVOCATE)

AND:

CITY UNION BANK LIMITED NO 24-B, GANDHI NAGAR,

KUMBAKONAM-612 001 HAVING ITS BRANCH AT Digitally signed

JIGANI, BANGALORE by SUVARNA T Location: HIG H REGISTERED UNDER COMPANIES ACT COURT OF

KARNATAKA …RESPONDENT (BY SRI. PRAKASHA HEGDE K., ADVOCATE)

THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH OR SET ASIDE THE IMPUGNED R-TENDER CUM AUCTION SALE NOTICE NO. C.O/REC/NPA/2024-25 DATED:07.12.2024 ISSUED BY

RESPONDENT AT ANNEXURE-A.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2026:KHC:18579 WP No. 35430 of 2024

HC-KAR

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL ORDER

The present writ petition is filed seeking the following

prayer:

"Wherefore, the petitioner most respectfully prays that this Hon'ble Court be

pleased to:

a. Issue writ in the nature of certiorari or any other writ Quash or set aside the impugned Re-Tender cum Auction Sale Notice No.C.O/REC/NPA/2024-25 dated 07.12.2024

issued by respondent at Annexure-A.

b. Pass such other order/further orders as this Honb'le Court deems fit under the facts

and circumstances of the case."

2. Learned counsel appearing for the petitioner

submits that the petitioner is ready to settle the amount and

the matter may be referred to the Mediation Centre.

3. Learned counsel appearing for the respondent/Bank

submits that the petitioner has questioned the sale notice and right from 2024, they are enjoying the interim order and it is submitted that nothing survives for consideration in this writ

petition.

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NC: 2026:KHC:18579 WP No. 35430 of 2024

HC-KAR

4. Learned counsel appearing for the petitioner

submits that by virtue of interim order, an amount of Rs.20,00,000/- was paid and the amount in deposit may be returned to the petitioner. In response to that, the learned counsel appearing for the respondent submits the petitioner on depositing said amount is enjoying interim order from 2024 and now that amount cannot be returned to the petitioner, but it

should be adjusted towards the loan amount.

5. Having heard the learned counsels on either side,

perused the material on record. The relief that is sought in this writ petition is questioning the auction notice. The S.A is pending before the DRT. There is no dispute about the fact, that there is an outstanding amount. According to the petitioner, he seeks to settle the outstanding due. As far as this writ petition is concerned, as per the sale notice, the auction was not conducted and this writ petition on that aspect has become infructuous, there is nothing to be decided on the merits of the matter. As far as the return of the amount is concerned, this Court cannot direct the respondent to return the amount to the petitioner as he is enjoying the interim order

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NC: 2026:KHC:18579 WP No. 35430 of 2024

HC-KAR

from 2024 till 2026. The bank is at liberty to withdraw the amount deposited and apportion it to the loan account. In that

view of the matter, this Court is passing the following:

ORDER

i. Accordingly, the writ petition is dismissed as

infructuous

ii. If the petitioner is aggrieved by any other action, is at liberty to avail the appropriate remedy before

the DRT.

iii. The Bank is at liberty to withdraw the amount and apportion the same to the loan account.

iv. All pending I.As., in the writ petition shall stand closed.

SD/-

(LALITHA KANNEGANTI)

JUDGE

PKN List No.: 1 Sl No.: 19