THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AUCTION NOTICE DATED 04.02.2025 FIXED BY THE 1ST RESPONDENT BANK WITH RESPECT TO THE SCHEDULE PROPERTY BASED ON THE ORDER PASSED BY THE 2ND RESPONDENT AUTHORITY ON 29.08.2024 IN C.E.P. NO. A.R.E/ UBF/262/2023-24 IN DISPUTE NO.ARD/UBF/936/2024-25 VIDE ORDER DATED 03.05.2024 BY DIRECTING THE PETITIONER TO PAY A SUM OF RS.31,09,650/- (RUPEES THIRTY ONE LAKH NINE THOUSAND SIX FIFTY ONLY) IN FAVOUR OF 1ST RESPONDENT VIDE DATED 31.12.2024 IN ANNEXURE-A AND ETC.,

THIS PETITION, COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.I.ARUN

ORAL ORDER

The proceedings were initiated against the petitioner on account of the default in repayment of a loan borrowed from respondent No.1 – Co-operative Society Bank. The writ petition schedule property was brought to sale by way of an auction notice dated 31.12.2024.

2. The writ petition is filed challenging the same with the following prayers:

"a. Issue writ in the nature of certiorari or order of quashing the auction notice dated 04.02.2025 fixed by the 1st Respondent bank with respect to the schedule property based on the order passed by the 2nd Respondent authority on 29.08.2024 in C.E.P.No.A.R.E/UBF/262/2023-24 in Dispute No.ARD/UBF/936/2024-25 vide order dated 03.05.2024 by directing the Petitioner to pay a sum of Rs.31,09,650/- (Rupees Thirty one Lakh Nine Thousand Six Fifty only) in favour of 1st Respondent vide dated on 31.12.2024 in Annexure-A;

b. Directing the Respondent No.1 bank to grant time to pay the pending installment;

c. Grant any other relief or relief's as this Hon'ble court deems fit to grant in the facts and circumstances of the case, in the interest of justice and equity."

3. This Court on 01.02.2025 has passed the following order in the connected matter W.P.No.3037/2025, which has been subsequently delinked:

"Learned AGA accepts notice for respondent No.2.

Issue emergent notice to respondent Nos.1 and 3.

Learned counsel for the petitioner submits that the petitioner would deposit 20% of the amount as indicated in the auction notice, if some time is granted by this Court.

Learned counsel for the petitioner submits that the loan obtained by the petitioner was Rs.45,00,000/- and she was regular in paying the installments nearly for 14 months. However, towards an untold incident in the family, she had to spend a substantial amount for the medical expenses of her son, who met with an accident and as such, she has become a defaulter. It is submitted that the auction is scheduled to be held on 04.02.2025 in respect of two properties and against one property, the petitioner has filed Writ Petition No.3048/2025(F.R.Nos.3483/2025). As the petitioner has shown her willingness to deposit certain amount, there shall be a stay of the confirmation of the sale, subject to the petitioner depositing a sum of Rs.10,00,000/- with respondent No.1 - Bank within a period of six weeks from today.

List along with W.P.No.3048/2025."

4. The learned counsel appearing for respondent Nos.1 and 3, upon instructions, submits that by virtue of the interim order of this Court in the connected matter, no action was initiated in the instant case also and the sale process of the writ petition schedule property has been frustrated and no auction pursuant to the auction notice dated 31.12.2024 has been initiated. He further submits that the petitioner is having an alternative and efficacious remedy under Sections 105 and 106 of the Karnataka Co-operative Societies Act, 1959. Even otherwise he submits that the respondents are required to initiate fresh auction proceedings presently if they want to sell the property. He further submits that, if the petitioner were to pay up the dues done, in that event, the property will not be auctioned.

5. As proceedings pursuant to the auction notice dated 31.12.2024 is frustra