- 1 - HC-KAR NC: 2025:KHC:21149 WP No. 17455 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 17455 OF 2025 (GM-DRT) BETWEEN: 1. M/S SKD EXPORTS RPTD BY ITS PROPRIETOR MR. NITHIN CHAKRAVARTHI BALAIAH. 2. MR. NITHIN CHAKRAVARTHI BALAIAH, S/O. BALAIAH RAMAIAH, AGED ABOUT 47 YEARS BOTH 1 & 2 ARE LOCATED AT NO.3, ANNAPOORNA, 11TH CROSS, PIPELINE MAGADI ROAD, VIJAYANAGAR, BENGALURU 560 040. 3. MRS. KAMALAMMA, W/O. LATE BALAIAH RAMAIAH, AGED ABOUT 72 YEARS R/AT NO. 233, VIDYANAGAR, KANCHAGHATTA NEW EXTN, TUMKURU DISTRICT, TIPTUR 572 201 …PETITIONERS (BY SRI. D KAVITHA., ADVOCATE) AND: 1. M/S KARNATAKA BANK LTD (REGISTERED UNDER THE COMPANIES ACT, 1956) ASSET RECOVERY MANAGEMENT BRANCH, 1ST FLOOR, FKCCI BUILDING, KEMPE GOWDA ROAD, Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21149 WP No. 17455 of 2025 BENGALURU 560 009. IFSC KARB0000060 REPRESENTED BY ITS AUTHORIZED OFFICER …RESPONDENT (BY SRI. A. GANESH, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED 10-06-2025 PASSED BY THE HONBLE PRESIDING OFFICER IN S.A. NO.53/2024 BEFORE THE HONBLE DRT-I AT BENGALURU VIDE ANNEXURE-D DECLARING THAT THE ENTIRE RECOVERY PROCEEDINGS INITIATED BY THE RESPONDENT BANK AGAINST THE SCHEDULE PROPERTY ARE ILLEGAL AND IN VIOLATION OF SARFAESI ACT, 2002. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER Petitioners have called in question the validity of the order dated 10.06.2025 passed by the DRT-I at Annexure-D whereby S.A.No.53/2024 is disposed off on merits confirming the action of the respondent - Bank. 2. After hearing the matter for sometime, petitioners submit that they would take resort to the substantive remedy under Section 18 of Securitisation and Reconstruction of Financial Assets and Enforcement of - 3 - HC-KAR NC: 2025:KHC:21149 WP No. 17455 of 2025 Security Interest Act, 2002 and request for some reasonable time to enable them to approach the DRAT. 3. Learned counsel for respondent - Bank submits that petitioners have no case on merits and does not require any indulgence. It is also submitted that petitioners have committed defaults previously as well. 4. Taking note that there is substantive remedy available to the petitioners under Section 18 of the Act, petition is disposed off, reserving liberty to the petitioners to challenge the order at Annexure-D. 5. It is noticed that the limitation in filing the appeal would be 30 days which would end on 10.07.2025. Petitioners request for a further period of two weeks. Accordingly, respondent - Bank not to take any precipitative steps till 25.07.2025. Needless to state the petitioners to take necessary steps in accordance with law for approaching the Appellate Authority. In the - 4 - HC-KAR NC: 2025:KHC:21149 WP No. 17455 of 2025 interregnum, it is open for the petitioners to settle the issue with the Bank. All contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE VP