- 1 - NC: 2025:KHC:12761 WP No. 18683 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 18683 OF 2024 (GM-RES) BETWEEN: SMT. SUDHA S, W/O. THIMME GOWDA, AGE ABOUT 43 YEARS, OCCUPATION: SELF-EMPLOYED, RESIDING AT NO.814, 4TH MAIN, BEHIND AANJANEYA TEMPLE, GANGONDANA HALLI, BENGALURU - 560 039. …PETITIONER (BY SRI. HEGDE PRAKASH S, ADVOCATE FOR SRI. MURTHY K, ADVOCATE) AND: 1. THE BANGALORE CITY CO-OPERATIVE BANK LTD., NO.3, 1ST FLOOR, PAMPAMAHAKAVI ROAD, CHAMARAJPET, BENGALURU - 560 018, HAVING A BRANCH AT NO. 7E, 14TH MAIN ROAD, VIJAYANAGAR, BANGALORE - 560 040, REPRESENTED BY ITS BRANCH MANAGER. 2. THE AUTHORISED OFFICER, (UNDER THE SERFAESI ACT, 2002), THE BANGALORE CITY CO-OPERATIVE BANK LTD., NO.3, 1ST FLOOR, PAMPAMAHAKAVI ROAD, CHAMARAJPET, BENGALURU - 560 018, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:12761 WP No. 18683 of 2024 REPRESENTED BY SRI APPAJAIH C. N, S/O. NARASE GOWDA, AGE ABOUT 52 YEARS. 3. SRI C. HARIKRISHNA A, ADVOCATE, ROLL NO.KAR/629/2005, RESIDING AT NO.524, 1ST A CROSS, BHUVANESHWARI NAGAR, R.T. NAGAR POST, BENGALURU - 560 032, BEING THE ADVOCATE COMMISSIONER, APPOINTED AS PER ORDER, DATED 09-07-2024 PASSED BY THE HON'BLE COURT OF THE 46TH A.C.M.M. BENGALURU IN C.MISC.NO.5727/2023 …RESPONDENTS (BY SRI. K.V. LOKESH, ADVOCATE FOR R1 AND R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER, DATED 09/07/2024 PASSED BY THE HONBLE COURT OF THE 46TH ACMM BENGALURU IN C.MISC. NO. 5727/2023 (ANNEXURE-A) AS CONTRARY TO THE PROCEDURE LAID DOWN BY LAW AND NOT SUSTAINABLE TO PROCEED FURTHER AND CONSEQUENTLY AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:12761 WP No. 18683 of 2024 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Learned counsel appearing for the petitioner after arguing the matter at length would seek leave of this Court to approach Debt Recovery Tribunal on the cause of action that is projected before this Court. It is for the petitioner to avail of such remedy, as is available in law and for the liberty seeking, if available in law. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 56 CT: BHK