- 1 - NC: 2025:KHC-K:2718 WP No. 201374 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 15TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 201374 OF 2025 (GM-DRT) BETWEEN: SRI. MALLAPPA S/O DESAYAPPA GONUWAR, AGED ABOUT: 54 YEARS, OCC: AGRICULTURE, R/O NO.11-211, BALASHETTIHAL, KAMANATAGI VILLAGE, TQ. SURPUR, DIST. YADGIR-585 219. …PETITIONER (BY SRI. ARUNKUMAR AMARGUNDAPPA, ADVOCATE) AND: 1. THE AUTHORIZED OFFICER, KARNATAKA BANK, CMC NO.6-1-2121, RAICHUR-GANGAVATI ROAD, SINDHANUR, TQ. SINDHANUR, DIST. RAICHUR-584 128. 2. M/S BASAVA TRADERS, GENERAL MERCHANT AND COMMISSION AGENT, BALASHETTIHAL, TQ. HUNASAGI, DIST. YADGIR-585 215. REPRESENTED BY ITS PROPRIETOR SRI. GURUSIDDAPPA. Digitally signed by NIJAMUDDIN JAMKHANDI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2718 WP No. 201374 of 2025 3. SRI. SANGAPPA HUGAR S/O BASSAPPA HUGAR, AGE: MAJOR, OCC: AGRICULTURE, R/O NO.45, NEAR BASAVESHWAR TEMPLE, KODEKAL, HUNASAGI, TQ. HUNASAGI, DIST. YADGIR-585 237. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI AND MANDAMUS AND GRANT ANY OTHER APPROPRIATE WRIT IN THE FOLLOWING TERMS A)QUASH THE UNDATED ORDER ON IA NO.1506/2024 IN SA NO.206/2024 PASSED BY THE DEBTS RECOVERY TRIBUNAL, BENGALURU AS PER ANNEXURE-H., CONSEQUENTLY ALLOW THE APPLICATION IN IA NO.1506/2024 FILED IN SA NO.206/2024 UNDER SECTION 5 OF LIMITATION ACT, SEEKING FOR CONDONATION OF DELAY IN FILING APPLICATION UNDER SECTION 17(3) OF SARFAESI ACT AS PER ANNEXURE-G1. B) ALTERNATIVELY, SET ASIDE THE SALE CERTIFICATE DATED 06.03.2024 INFAVOUR OF THE 3RD RESPONDENT REGISTERED BEFORE THE SUB REGISTRAR HUNASIGI ON 30.05.2024 AND REGISTERED AS DOCUMENT NO.HUG-1-00581-2024-25 AND STORED IN THE CENTRAL STATISTICAL CELL VIDE ANNEXURE-F, ETC. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-K:2718 WP No. 201374 of 2025 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER (PER: HON'BLE MR. JUSTICE E.S.INDIRESH) Heard the learned counsel appearing for the petitioner. 2. Petitioner herein is assailing the order on I.A. No.1506/2024 in SA No.206/2024 passed by the Debts Recovery Tribunal, Bangalore (Annexure-H). The petitioner is having an alternative and efficacious remedy to approach the Appellate Tribunal. 3. In that view of the matter, I am not inclined to interfere in this writ petition by exercising extraordinary jurisdiction under Article 226 of the Constitution of India. 4. Reserving liberty to the petitioner to approach the competent Appellate Tribunal, writ petition is disposed off. Sd/- (E.S.INDIRESH) JUDGE NJ List No.: 1 Sl No.: 3 CT:SI