- 1 - HC-KAR NC: 2025:KHC:19004 WP No. 15276 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 15276 OF 2025 (GM-RES) BETWEEN: 1. MRS. KAVITHA M W/O MR. PARTHASARATHY, AGED ABOUT 46 YEARS. 2. MR. PARTHASARATHY S S/O SRINIVASA MURTHY, AGED ABOUT 52 YEARS. BOTH ARE RESIDING AT: 38, 4TH CROSS, RMV 2ND STAGE, ASHWATHNAGAR, BENGALURU - 560 094. …PETITIONERS (BY SRI. KAVITHA D., ADVOCATE) AND: M/S. THE MALLESHWARAM CO-OPERATIVE BANK LTD., (REGISTERED UNDER THE MYSORE CO-OPERATIVE ACT) H. O.:#102, EAST PARK ROAD, 7TH CROSS, MALLESHWARAM, BENGALURU - 560 003. IFSC CODE: HDFC0CMCOBL REPRESENTED BY ITS AUTHORIZED OFFICER. …RESPONDENT Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19004 WP No. 15276 of 2025 THIS WP IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. ISSUE A WRIT OF CERTIORARI BY QUASHING THE ORDER DATED 05.05.2025 PASSED BY HON'BLE PRESIDING OFFICER BEFORE HONBLE DRT-I AT BENGALURU VIDE ANNEXURE-N VACATING THE CONDITIONAL INTERIM ORDER DATED 10.02.2025 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER 1. The petitioners have sought for setting aside of the order dated 05.05.2025 passed by the Debts Recovery Tribunal (DRT) at Bangalore, vide Annexure-N vacating the condition in interim order dated 10.02.2025. Certain other reliefs are also granted. 2. Taking note that the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 is a self contained code, including remedies, direct approach to the writ court bye- passing the statutory scheme is not be permissible. - 3 - HC-KAR NC: 2025:KHC:19004 WP No. 15276 of 2025 No exceptions are made out for entertaining the writ by overlooking the alternative remedy. 3. Taking note as against the prayer at Annexure-A, an appeal would be maintainable in terms of Section 18 of the SARFAESI Act, the present petition is disposed off relegating the petitioners to avail of substantive remedy insofar as the grounds made out in the present petition. 4. All contentions of the petitioners are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 1 Sl No.: 34