SRI B V RAVI vs AUTHORIZED OFFICER

Court
Karnataka High Court

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HC-KAR
NC: 2026:KHC:58410
WP No. 7751 of 2024


CNR: KAHC010155992024





IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 15 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA

WRIT PETITION NO. 7751 OF 2024 (GM-RES)

BETWEEN:

SRI. B.V.RAVI,
AGED 57 YEARS,
S/O LATE P.M.VENKATAPPA,
RESIDING AT NO.129,
SUPRA APARTMENT,
DEFENSE LAYOUT,
VIDYARANYAPURA,
BANGALORE - 560 097.
…PETITIONER








(BY SRI. VIJAY GOWDA L, ADVOCATE)


AND:

AUTHORIZED OFFICER,
M/S INDUSIND BANK LTD.,
FINANCIAL RESTRUCTURING
AND RECONSTRUCTION GROUP,
EMBASSAY HEIGHTS, BLOCK B,
2ND FLOOR, 13 MC GRATH ROAD,
BANGALORE - 560 025.
…RESPONDENT

Digitally signed by
PREMCHANDRA M R
Location: HIGH COURT
OF KARNATAKA

(BY SMT.CHITHRA NIRMALA, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYER TO A) QUASHING THE

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HC-KAR
NC: 2026:KHC:58410
WP No. 7751 of 2024


CNR: KAHC010155992024



ORDER / COMMUNICATIONS DATED 01.02.2024, E- AUCTION
DATED ON 13.03.2024 BETWEEN 11.00 AM TO 12.00 PM VIDE
ANNEXURE - M ISSUED BY THE RESPONDENT AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE T.P.VIVEKANANDA

ORAL ORDER
The petitioner is before this Court calling in question
the communication dated 01.02.2024 and e-auction dated
13.03.2024 at Annexure-M, whereby the respondent/Bank
had proposed to bring the mortgaged property to sale in
exercise of the powers conferred under the provisions of
the SARFAESI Act, 2002. The petitioner has also sought a
writ of mandamus directing the respondents to restore the
possession of the properties by considering the
representation dated 18.08.2022 at Annexure-D and E.
2. By the impugned sale notice, the properties were
sought to be auctioned on 13.03.2024.

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HC-KAR
NC: 2026:KHC:58410
WP No. 7751 of 2024


CNR: KAHC010155992024



3. The writ petition was filed on 11.03.2024 and an
interim order was passed on 13.03.2024, which reads as
follows:
"Learned counsel for petitioner submits that the
sale has taken place today i.e., 13.03.2024.
Therefore, the Banks shall not issue sale
certificate or confirmation of sale in favour of the
auction purchaser, subject to the petitioner would
deposit 40% of the outstanding amount in equal
instalments, within a period of eight weeks, from
today.
In the event, the aforesaid amount is not
paid within the stipulated time, the interim order
granted today would stand vacated automatically
and the petitioner also run the risk of dismissal of
the petition itself.
To the aforesaid extent, there shall be an
interim order of stay, till the next date of
hearing".


4. It is brought to the notice of this Court that, on
the very same day i.e., on 11.03.2024 the petitioner

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HC-KAR
NC: 2026:KHC:58410
WP No. 7751 of 2024


CNR: KAHC010155992024



approached the City Civil Court, Bangalore by filing O.S
No.6008/2023 for the relief of mandatory injunction
against the respondent/Bank restraining it from taking
physical possession of the property in question.
5. It is submitted that the Civil Court has also passed
an interim order restraining the respondent/bank from
taking over the physical possession of the suit schedule
property. Subsequently, the suit filed by the petitioner was
transferred to the Commercial Court and renumbered as
Commercial O.S No.369/2024. The said suit is pending
consideration.
6. The respondents have filed a memo dated
08.10.2026, enclosing therewith a copy of the
communication dated 28.09.2026, informing the petitioner
herein and the guarantors of the loan that the
respondent/bank is withdrawing all the notices issued
under the provisions of the SARFAESI Act.

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HC-KAR
NC: 2026:KHC:58410
WP No. 7751 of 2024


CNR: KAHC010155992024



7. Paragraphs No.7 and 8 of the said
communication read as follows:
"The Bank has issued demand notice under
Section 13(2) of SARFAESI Act dated 07.09.2022
and subsequently issued possession notice dated
31.01.2023. Further, the bank has taken physical
possession of the mortgaged property on
16.01.2024 pursuant to the order of Hon'ble
ACMM Court dated 08.11.2023.
We hereby intimate you that we are
withdrawing the proceedings initiated under
SARFAESI Act and wish to handover the
possession to you in order to initiate fresh
proceedings with correct description of the
mortgaged property. This decision has been taken
to avoid any probable harm to the borrower due
to the incomplete description of the mortgaged
property captured in the notices issued under
SARFAESI proceedings".

8. In the light of the said communication, the
learned counsel for the respondent submits that the prayer
made by the petitioner in the present writ petition has

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NC: 2026:KHC:58410
WP No. 7751 of 2024


CNR: KAHC010155992024



become infructuous and no further consideration of the
petition is required.
9. Learned counsel for the petitioner, however,
submits that the entire action of the respondent/bank in
initiating the proceedings under the SARFAESI Act is illegal
and contrary to the provisions of the SARFAESI Act, and it
is for the said purpose that the petitioner has approached
the Civil Court in the suit referred to supra .
10. It is also brought to the notice of this Court that
the auction scheduled to be held on 13.03.2024 did not
take place in view of the interim order passed in the
present writ petition as well as in the suit filed by the
petitioner. If the sale proposed pursuant to the impugned
auction notification did not take place because of the
interim order, the prayer sought in the writ petition has
become infructuous, inasmuch as, after 13.03.2024, no
fresh sale notice has been issued by the respondent/Bank.
It is also informed to this Court that the interim order

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HC-KAR
NC: 2026:KHC:58410
WP No. 7751 of 2024


CNR: KAHC010155992024



dated 13.03.2024, directing the petitioner to deposit 40%
of the outstanding amount, has not been complied with.
11. In that view of the matter, the writ petition filed
by the petitioner challenging the sale notice dated
01.02.2024 has spent itself, and no further orders are
required to be passed in the present writ petition.
However, it is open to the petitioner to urge all the
grounds raised in this writ petition in the pending suit, if
so advised.
12. In the result, the following:-
ORDER

i. Writ petition is disposed of .

ii. Respondent No.2 shall adhere to the commitment
made in the communication dated 28.09.2026.
Sd/-
(T.P.VIVEKANANDA)
JUDGE
VS
List No.: 1 Sl No.: 5