- 1 - HC-KAR NC: 2025:KHC:23468 WP No. 6431 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 6431 OF 2025 (GM-RES) BETWEEN: 1. MR. MUNINDRA KUMAR K M S/O.LATE.MUNIRAJAPPA, AGED ABOUT 41 YEARS R/A.NO.486/16, SY.NO.29, WARD 129, KALENA AGRAHARA, BBMP, BEGUR, SUB-DIVISION, BENGALURU 560076. 2. MRS. KRISHNAMMA W/O.LATE.MUNIRAJAPPA AGED ABOUT 59 YEARS R/A.NO.486/16, SY.NO.29, WARD 129, KALENA AGRAHARA, BBMP, BEGUR. 3. MRS. SUJATHA M. W/O.MR.K.RAMESH AGED ABOUT 38 YEARS E14, NEAR YELLAMMA TEMPLE HOMMADEVANAHALLI, GOTTIGERE, BANGALORE-560 083. 4. MRS. VASANTHA M W/O.MR. N.V.RAMU, AGED ABOUT 44 YEARS KALENA AGRAHARA, OPP. TO GOVERNMENT SCHOOL, SOS POST, BANNERGHATTA ROAD, BENGALURU-560078. …PETITIONERS (BY SRI. V MOHAN., ADVOCATE) Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23468 WP No. 6431 of 2025 AND: 1. KARNATAKA BANK LIMITED ASSET RECOVERY MANAGEMENT BRANCH FIRST FLOOR, FKCCI BUILDING KEMPEGOWDA ROAD, BENGALURU REP. BY ITS AUTHORIZED OFFICER/CHIEF MANAGER (BANK REGD. UNDER COMPANIES ACT, 1949) 2. MRS. SUMITRA MARIYAPPA M/S. FAST ARK PVT. LTD. MAJOR BY AGE, NO 48, 1ST FLOOR, 4TH BLOCK, 4TH STAGE, 80 FEET RING ROAD, AGARA DASARAHALLI, BASAVESWARANAGAR, BANGALORE - 560 079 (AUCTION PURCHASER) …RESPONDENTS (BY SRI. A GANESH., ADVOCATE FOR C/R1; SRI. N M GUFRAN, ADVOCATE FOR C/R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION / WRIT OF MANDAMUS RESTRAINING THE R-1 AND 2 OR ANYONE CLAIMING UNDER THEM FROM ACTING ON THE IMPUGNED COMMON ORDER PASSED IN SA NO. 18/2024 AND SA.NO. 75/2024 DTD. 21.02.2025 IN THE DEBTS RECOVERY TRIBUNAL II, KARNATAKA AT BENGALURU VIDE ANNEXURE-A UNTIL THE PETITIONERS APPROACH THE DRAT, CHENNAI FOR THEIR RELIEF AND THE APPLICATION FOR INTERIM STAY IS HEARD AND APPROPRIATE ORDERS PASSED BY THE DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI IN RESPECT OF THE SCHEDULE PROPERTY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV - 3 - HC-KAR NC: 2025:KHC:23468 WP No. 6431 of 2025 ORAL ORDER The petitioners have called in question the correctness of the order dated 21.02.2025 passed in S.A.No.18/2024 and S.A.No.75/2024 passed by the Debts Recovery Tribunal, Bengaluru. 2. The prayer (a) in the writ petition reads as follows:- "a. To issue Direction/Writ of mandamus restraining the Respondents: 1 & 2 or anyone claiming under them from acting on the impugned common order passed in SA No.18/2024 & SA No.75/2024 dated 21.02.2025 in the Debts Recovery Tribunal-II, Karnataka at Bangalore vide Annexure-A until the petitioners approach the DRAT, Chennai for their relief and the application for interim stay is heard and appropriate orders passed by the Debt Recovery Appellate Tribunal, Chennai in respect of the Schedule Property in the interest of justice and equity." 3. It is noticed that the prayer itself is only to the limited extent that the petitioners may be protected till DRAT considers the application for interim stay. - 4 - HC-KAR NC: 2025:KHC:23468 WP No. 6431 of 2025 4. In light of the availability of substantive remedy as against the order passed by the DRT under Section 18 of SARFAESI Act, the petitioners are relegated to avail of the substantive remedy before the DRAT. 5. Learned counsel for the petitioners submits that though appeal filed before the DRAT which is still to be posted before Court and office objections are still to be cleared and they would move the same forthwith. 6. In light of the said submission, the petition is disposed off. 7. The respondent Bank ought not to take any precipitative steps for a period of four weeks from today. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR