- 1 - NC: 2025:KHC:14757 WP No. 9257 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 9257 OF 2025 (GM-RES) BETWEEN: 1. SRI. EDWIN. J SON OF LATE JOSEPH ROZARIO AGED ABOUT 46 YEARS, R/AT NO.25/3, 1ST CROSS, MILLERS ROAD, BENSON TOWN, BENGALURU -560096 2. SMT. MARY JOSEPHINE JACINTHA, WIFE OF LATE JOSEPH ROZARIO AGED ABOUT 75 YEARS, R/AT NO.5/106, NEW POST OFFICE LANE, LINGARAJAPURAM, BENGALURU - 560084 …PETITIONERS (BY SRI. LOKESHA Y., ADVOCATE) AND: 1. M/S. PHOENIX ARC PVT. LTD., BRANCH OFFICE AT NO.22, INGREDIENTS HOUSE, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:14757 WP No. 9257 of 2025 M.G ROAD, BENGALURU - 560001 REP. BY ITS AUTHORIZED OFFICER, MR.MURALI M.R (CIN: U67190MH2007PTC168303 IS A PRIVATE COMPANY INCORPORATED ON 2 DEC. 2007) 2. M/S ELITE CONSTRUCTIONS NO.33, JCO COLONY, 1ST CROSS, VIVEKANANDA NAGAR, BENGALURU NORTH BENGALURU - 560033 BY ITS PROPRIETOR MR. AAMIR PASHA, SON OF ANSAR PASHA (U45201TV1992PTC022368 IS A PRIVATE COMPANY INCORPORATED ON 19 DEC 1992) …RESPONDENTS (BY SRI. FRANCIS XAVIER, ADV.) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE RESPONDENTS DIRECT THE R-1 BANK TO CONSIDER THE REPRESENTATION DTD 05.03.2025 VIDE ANNX-B TO ACCEPT THE OFFER OF ONE TIME SETTLEMENT IN RESPECT OF THE PETITIONERS PROPERTY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:14757 WP No. 9257 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court seeking the following prayer: "a. By issuing writ of mandamus or a writ in like nature directing the Respondent No.1 bank to consider the Representation dated 05.03.2025 vide Annexure-B to accept the offer of one time settlement in respect of the Petitioners property. b. Grant any other relief / s as this Hon'ble Court may deems fit to grant under the circumstances of the case in favour of the Petitioner in the interest of justice and equity." 2. The learned counsel for the respondents Sri. Francis Xavier submits that the petitioners - the borrowers are before the DRT in S.A.No.81 of 2024 in which the DRT had passed certain interim order. The interim order is breached by not complying with it in its entirety. The DRT therefore vacates the interim order. On the vacation of the interim order, the sale took place and the sale certificate is issued to the auction purchaser and the auction purchaser is put in possession of the property. The matter is still pending before the DRT. - 4 - NC: 2025:KHC:14757 WP No. 9257 of 2025 3. The learned counsel for the petitioners are before this court notwithstanding the pendency of the matter before the DRT contending that he would make the payment, as directed by the DRT. 4. Since the entire matter is pending before the DRT, I deem it appropriate to direct the petitioners to pursue their remedy before the DRT. All contentions that are urged in the subject petition would be urged before the DRT in the pending proceedings. 5. With the aforesaid observations, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE KG List No.: 1 Sl No.: 75