- 1 - NC: 2025:KHC:689 WP No. 304 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 304 OF 2025 (GM-DRT) BETWEEN: 1. MR IBRAHIM MOHAMMED SUBHAN SHARIFF S/O. LATE IBRAHIM, AGED ABOUT 54 YEARS 2. MS. YASMEEN SHAREIF, W/O. LATE IBRAHIM MOHAMMED SUBHAN SHARIEF, AGED ABOUT 48 YEARS BOTH R/A NO.20, OPP. RAMAIAH HOSPITAL, NEW BELL ROAD, II STAGE, RMV EXTENSION, SANJAY NAGAR BENGALURU-560 094. …PETITIONERS (BY SRI. ROHIT V.R., ADVOCATE FOR SMT. UDITA RAMESH., ADVOCATE) AND: 1. ICICI BANK LIMITED REP BY DIRECTOR REGD. OFFICE AT ICICI BANK TOWER, NEAR CHAKLI CIRCLE, OLD PADRA ROAD, VADODARA, GUJARAT-390 007. 2. THE AUTHORISED OFFICER ICICI BANK LIMITED, Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:689 WP No. 304 of 2025 KORAMANAGALA 1ST BLOCK, MAYUR GREENS BANGALORE-560 094. 3. IDFC FIRST BANK LIMITED, REP BY DIRECTOR REGISTERED OFFICE AT KRM TOWER, 7TH FLOOR, NO.1, HARRINGTON ROAD, CHETPET, CHENNAI-600 031. 4. THE AUTHORISED OFFICER IDFC FIRST BANK LIMITED, RESIDENCY BUILDING 79, RICHMOND TOWN, BANGALORE-560 025. …RESPONDENTS (BY SRI. FRANCIS XAVIER., ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE FURTHER PROCEEDINGS PURSUANT TO ORDER DATED 30/10/2024 PASSED BY HONBLE TRIBUNAL DRT 1, BENGALURU IN SA 31/2022 AT ANN-H AND GRANT AN INTERIM ORDER TO PROTECT THE PETITIONERS FROM BEING DISPOSED FROM THE SCHEDULED PROPERTY BY RESPONDENTS BANK IN THE INTERESTS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned Counsel Sri. Francis Xavier, has entered appearance for the 2nd respondent-Bank. - 3 - NC: 2025:KHC:689 WP No. 304 of 2025 2. The petitioners are before this Court while contending that they are guarantors for the loan obtained by M/s. M. S. Marketing Enterprises Private Limited, where the 1st petitioner was earlier a Director, seeking a direction to set aside all further proceedings pursuant to the order dated 30.10.2024 passed by the Debts Recovery Tribunal–1, Bengaluru in S.A.No.31/2022. 3. Learned Counsel for the 2nd respondent-Bank however submits that the petitioners have already approached the Debts Recovery Appellate Tribunal, Chennai, as could be seen from Annexure-J. Learned Counsel would therefore submit that whatever relief that the petitioners want can be obtained before the Appellate Tribunal, which is the competent authority to pass any orders pursuant to the orders passed by the Debts Recovery Tribunal in dismissing the S.A. 4. The learned Counsel for the 2nd respondent-Bank is right in his submission that the petitioners have already approached the Debts Recovery Appellate Tribunal at - 4 - NC: 2025:KHC:689 WP No. 304 of 2025 Chennai, being aggrieved of the dismissal of S.A.No.31/2022 at the hands of the Debts Recovery Tribunal-1, Bengaluru. 5. Since the petitioners have already approached the Appellate Tribunal, they have a right to seek any interim relief before consideration of the appeal. Therefore, this writ petition cannot be maintained when the petitioners have already approached the Appellate Tribunal at Chennai. 6. Accordingly, the writ petition stands dismissed. Sd/- (R DEVDAS) JUDGE DL CT: JL