- 1 - NC: 2025:KHC:18147 WP No. 13210 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 13210 OF 2025 (GM-DRT) BETWEEN: M/S UNNATHI CAREER ACADEMY HAVING OFFICE AT 'ASHACHANDRA TRADE CENTRE', III FLOOR, PPC 1ST CROSS. UDUPI KARNATAKA - 576101 REP. BY ITS PARTNER, MR. PREM PRASAD SHETTY …PETITIONER (BY SRI. PREM PRASAD SHETTY, PARTY IN PERSON.) AND: 1. THE CHIEF MANAGER & AUTHORIZED OFFICER BHARAT CO-OPERATIVE BANK (MUMBAI) LTD., REP. BY ARUN KUMAR G KOTIAN / RAVINDRA D KUNDER, RECOVERY AND LEGAL DEPARTMENT, CLASSIC ARCADE, K.S.RAO ROAD, HAMPANKATTA, MANGALORE, KARNATAKA - 575001 2. MRS. KAJOL BHATIA AGED MAJOR, W/O. MR. SUNIL BHATIA, R/AT NO. 67/1C, BHATIA HOUSE', LAVELLE ROAD, 4TH CROSS, BENGALURU - 560001 …RESPONDENTS (BY SRI. Sri PUNDIKAI ISHWARA BHAT, ADV.) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:18147 WP No. 13210 of 2025 IMPUGNED ORDER DTD. 28.03.2025 ISSUED BY THE DRT, BENGALURU -1 IN S.A.NO.604/2024 VIDE ANNX-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayer: “a) Issue a writ of certiorari or any other appropriate writ or order or direction to set aside the impugned Order dated 28.03.2025 issued by the DRT, Bengaluru - 1 in S.A. No.604/2024 vide ANNEXURE-A. b) Issue writ of mandamus or direction to remand the said matter for fresh consideration appreciating all such evidence submitted by the Petitioner in his written arguments at ANNEXURE-T. c) Grant such other relief/s as this Hon'ble Court deems fit to grant in the interest of justice and equity.” 2. The challenge is to the order of the Debt Recovery Tribunal dismissing the S.A. filed by the petitioner on its merit. 3. The learned counsel for the petitioner seeks to contend that the DRT has not considered various submissions - 3 - NC: 2025:KHC:18147 WP No. 13210 of 2025 made by the petitioner including fraud and collusion with the auction purchaser or otherwise. 4. All these submissions are to be agitated before the Appellate Tribunal, as this Court will not entertain the petition in the teeth of the existence of the statutory remedy of filing an appeal, as obtaining at Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), to the Appellate Tribunal. 5. Reserving such liberty, the petition stands dismissed. Sd/- (M.NAGAPRASANNA) JUDGE KG List No.: 5 Sl No.: 15