- 1 - NC: 2025:KHC:5890-DB RP No. 377 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE S RACHAIAH REVIEW PETITION NO. 377 OF 2024 BETWEEN: 1. M/S. TRITON MOTORS, REPRESENTED BY ITS PROPRIETOR MR.V.BHASKAR, OFFICE AT: NO.2, OPP. VETERINARY COLLEGE, LAKSHMAIAH BLOCK, GANGANAGAR NORTH, BANGALORE-560 024. 2. SRI.V.BHASKAR, AGED ABOUT 52 YEARS, S/O LATE SRI N.VEERASWAMY, 3. SMT. SREELATHA.B.C, AGED ABOUT 45 YEARS, W/O SRI.V.BHASKAR BOTH ARE RESIDING AT NO.48, MTB ROAD (MAVALLI TANK BUND ROAD), KALASIPALYA CENTRAL RANGE, BANGALORE-560 002. …PETITIONERS (BY SRI. RAJENDRA M A., ADVOCATE) Digitally signed by K G RENUKAMBA Location: High Court of Karnataka - 2 - NC: 2025:KHC:5890-DB RP No. 377 of 2024 AND: 1. THE AUTHORISED OFFICER, CANARA BANK, ASSET RECOVERY MANAGEMENT-1, NO.86, SPENCER TOWERS, M.G.ROAD, BANGALORE-560 001. 2. 2(a) THE RECOVERY OFFICER –I, DEBT RECOVERY TRIBUNAL - DRT-1, GOVERNMENT OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF FINANCIAL SERVICES, JEEVAN MANGAL BUILDING, II FLOOR, NO.4, RESIDENCY ROAD, BENGALURU-560 025. NOW PRESENT ADDRESS (AFTER SHIFTING): THE RECOVERY OFFICER-I, DEBT RECOVERY TRIBUNAL DRT-1, GOVERNMENT OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF FINANCIAL SERVICES, 4TH FLOOR, BSNL BUILDING, CUBBON PARK METRO, BANGALORE-560 001. 3. SRI.POLLAMREDDY SREEDHAR REDDY, (AUCTION PURCHASER), S/O.SRI.P.VENKU REDDY, NO.25, 1ST MAIN, HGH LAYOUT, GANGANAGAR, BANGALORE-560 032. …RESPONDENTS THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 READ WITH SECTION 114 OF CIVIL PROCEDURE CODE PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO REVIEW THE ORDERS PASSED ON 20TH FEBRUARY 2024 IN W.A.NO.855/2023, AS NO ORDERS ARE PASSED IN RESPECT OF W.P.NO.11808/2021 AND W.P.NO.11811/2021, PERTAINING TO THE MEASUERES INITIATED UNDER SARFAESI ACT, 2002. - 3 - NC: 2025:KHC:5890-DB RP No. 377 of 2024 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO AND HON'BLE MR JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR JUSTICE V KAMESWAR RAO) This Review Petition has been filed seeking review of the order dated 20.02.2024 passed by the Division Bench of this Court in Writ Appeal 855/2023 arising out of Writ Petition Nos.21676/2022, 11808/2021, 11811/2021 and 14880/2022. 2. Suffice to state that the learned Single Judge has dismissed the Writ Petitions filed by the appellant by stating in Paragraph-17 as under:- “17. For the aforesaid reasons, I pass the following: ORDER (i) Writ Petitions are rejected. (ii) Liberty is reserved to the petitioners to approach the Debts Recovery Appellate Tribunal in appropriate proceedings. The time spent before this Court for computation of limitation shall be taken note of by the Appellate Tribunal in the event appeal is filed. - 4 - NC: 2025:KHC:5890-DB RP No. 377 of 2024 (iii) The petitioners are at liberty to file the appeal within 30 days from the date of receipt of a copy of this order. In the event the petitioners would not prefer the appeal within 30 days, the appeal filed later shall be dealt with by the Appellate Tribunal in accordance with law.” 3. In the order dated 20.02.2024, of which review is sought, this Court while dismissing the appeal, has stated as under:- 4. Learned advocate for the appellants submitted that the sale conducted before the Recovery Officer is challenged in W.P.No.7940/2023. Appellants have challenged the order passed in O.As.No.829 & 830 of 2017 in the instant writ petition. Hon’ble Single Judge having considered the matter in extenso has rejected writ petition reserving liberty to approach DART. 5. The settled position with regard to remedy against the order passed by the DRT on O.A. filed under Section 19 of Recovery of Debts and Bankruptcy Act, 1993, is to prefer appeal under Section 20 before the DRAT. We are at one with the view taken by the Hon’ble Single Judge. In the circumstance this appeal fails and it is accordingly dismissed.” - 5 - NC: 2025:KHC:5890-DB RP No. 377 of 2024 4. The only submission made by the learned counsel for the appellants/petitioners is that, in Paragraph-5 of the impugned order, there is no reference made to the proceedings initiated under the Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 (in short, ‘SARFAESI Act’). 5. Suffice to state that, the learned Single Judge having rejected all the three writ petitions, which include proceedings under the SARFAESI Act, which order has been upheld by the Division Bench, we do not see any error apparent on the face of the record. 6. The Review Petition is dismissed. Sd/- (V KAMESWAR RAO) JUDGE Sd/- (S RACHAIAH) JUDGE KGR* List No.: 1 Sl No.: 38