Sri A Ravindra Bhandary v. The Authorised Officer of Bantwal (10137)

NC:(2026:KHC:24828( WP(No.(15653(of(2026( ( , ,,HC-KAR( ( ( (

IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(19 (DAY(OF(MAY,(2026(

BEFORE( THE(HON'BLE(MR.(JUSTICE(C.M.(POONACHA( WRIT(PETITION(NO.(15653(OF(2026((GM-DRT)( BETWEEN:(( (

1., SRI,A,RAVINDRA,BHANDARY, S/O,LATE,VENKATAPPA,BHANDARY, AGED,ABOUT,63,YEARS,

,

2., SMT,USHA, W/O,RAVINDRA,BHANDARY,

AGED,ABOUT,61,YEARS, ,

3., SRI,VIJENDRA,

S/O,SRI,A,RAVINDRA,BHANDARY, AGED,ABOUT,35,YEARS, ,

ALL,ARE,R/AT,6-205/2B,SHIVA,KRIPA, SUBHASCHANDRANAGARA, Digitally KULAI,P,O,signedtiby MANGALURU,575019,NIRMALA DEVI MOBILE,NO.9113842117/,8217384062, ,Location: HIGH0COURT …PETITIONERS, OF (BY,SRI.,RAGHAVENDRA,DESAI,RAMRAO,,ADVOCATE), KARNATAKA , AND:( (

1., THE,AUTHORISED,OFFICER,OF,BANTWAL,(10137), BRANCH,OF,CANARA,BANK, CANARA,BANK, BANTWAL-,II,BRANCH,MAIN,ROAD, DAMODAR,COMPLEX, BANTWAL,574211, NC:(2026:KHC:24828( WP(No.(15653(of(2026( ( , ,,HC-KAR( ( ( DAKSHINA,KANNADA,DISTRICT, PH:,8255-2333492/,9449865175, EMAIL:,CB10137@CANARABANK.COM, ,

2., THE,BRANCH,MANAGER, CANARA,BANK, KOTTARA,CHOWKI,BRANCH, CANARA,TOWER, NH,17,,KOTTARA,CHOWKI, ASHOKNAGAR,POST, MANGALURU,575,006, PH:0824-2454627/,9483512928, ,

3., THE,MANAGER,CANARA,BANK, REGIONAL,OFFICE,PUTTUR, SAI,INTERNATIONAL,BUILDING, NELLIKATTE,ROAD,,PUTTUR,-,574201, DAKSHINA,KANNADA,,KARNATAKA, PH:8251-238314/,9449865171, EMAIL:ROPTRREC@CANARABANK.COM, ,

4., THE,PRESIDING,OFFICER, DEBTS,RECOVERY,TRIBUNAL-1,(DRT-1), 4TH,FLOOR,,TELEPHONE,HOUSE, RAJ,BHAVAN,ROAD, BENGALURU,560001, , …RESPONDENTS, , , THIS,W.P.,IS,FILED,UNDER,ARTICLES,226,&,227,OF,THE, CONSTITUTION,OF,INDIA,PRAYING,TO,QUASH,THE,IMPUGNED, E-AUCTION, SALE, NOTICE, DTD., 29.04.2026, ISSUED, BY, R-1, (ANNX-J),, STRICTLY, IN, SO, FAR, AS, IT, RELATES, TO, THE, SCHEDULE, PROPERTY, OF, THE, PETITIONERS,, QUASH, THE, IMPUGNED,ORDER,DTD.,26.03.2026,PASSED,BY,R-3,(DRT-1), IN,S.A.,NO.,43/2026,(ANNX-H),AND,ETC., ,, , THIS, PETITION,, COMING, ON, FOR, PRELIMINARY, HEARING,,THIS,DAY,,ORDER,WAS,MADE,THEREIN,AS,UNDER:, , CORAM:, HON'BLE,MR.,JUSTICE,C.M.,POONACHA,

ORAL ORDER

¶1The present petition is filed seeking for the following reliefs: "a) ISSUE a Writ of Certiorari quashing the impugned E-Auction Sale Notice dated

29.04.2026 (Annexure-J) issued by Respondent No.1, strictly in so far as it relates to the Schedule Property of the Petitioners; b) ISSUE a Writ of Certiorari quashing the impugned Order dated 26.03.2026 passed by Respondent No.3 (DRT-1) in S.A.No.43/2026 (Annexure-H);

c) ISSUE a Writ of Mandamus directing the Respondent Bank to immediately de-link the uncollateralized MSME Loan from the active Housing Loan A/c No.0602619003622;

d) Pass such other orders as this Hon'ble Court may deem fit in the facts and circumstances of the case, to meet the ends of justice."

¶2It is forthcoming that the petitioner being aggrieved by the possession notice dated 07.01.2026, had filed S.A.No.43/2026 before the Debts Recovery Tribunal-I, Karnataka, Bengaluru, [DRT], which was pending consideration. It is further pertinent to note that by an order dated 21.01.2026 passed on IA No.132/2026 in S.A.No.43/2026, the DRT had granted stay of the

operation of the possession notice dated 07.01.2026, subject to the condition that the petitioner pays a sum of ₹6,74,118/-, which amount was required to be paid in two installments on or before 21.03.2026. Admittedly, the petitioner has not paid the said amounts. The said order dated 21.01.2026 specifically states that in the event, the petitioners fail to pay the amount, the interim order would automatically stand vacated.

¶3In view of the petitioner not having paid the amount in terms of the order dated 21.01.2026 passed by the DRT, the sale notice dated 29.04.2026 [Annexure-J] has been issued which is impugned in the present writ petition.

¶4Having regard to the fact that an alternative efficacious remedy is available to the petitioner under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, [SARFAESI Act] to impugn the sale notice dated

29.04.2026; and also having regard to the fact that the

petitioners have already filed S.A.No.43/2026 which is pending consideration before the DRT, the question of entertaining the present writ petition does not arise.

¶5In view of the aforementioned, the present writ petition is dismissed.

¶6Pending applications, if any stand disposed of.

Sd/- (C.M. POONACHA) JUDGE

Vmb List No.: 2 Sl No.: 91