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2025 DAILYLAW 39837 (KAR)

M/S ADI DEVELOPERS v. BANK OF INDIA

WP/18187/2025 · 2025-10-28

Lalitha Kanneganti

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42944 WP No. 18187 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 18187 OF 2025 (GM-DRT) BETWEEN: M/S ADI DEVELOPERS REPRESENTED BY ITS MANAGING PARTNER, SRI.SATISH ADI REDDY, AGED ABOUT 57 YEARS HAVING PLACE OF BUSINESS AT SURVEY NO.1/2, AND 18/2, ADJACENT TO VIDHANA SOUDHA LAYOUT, AGRAHARA VILLAGE, YELAHANKA HOBLI, BENGALURU-560 064 …PETITIONER (BY SRI. R V SRINIVASA REDDY, ADVOCATE- ABSENT) AND: 1. BANK OF INDIA CANTONMENT BRANCH, JYOTHI MAHAL, NO.49, ST. MARK'S ROAD, BENGALURU-560 001 2. SRI.ANAND S., Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42944 WP No. 18187 of 2025 S/O SRI.MUNISWAMY SUBRAMANI, AGED ABOUT 51 YEARS, RESIDING AT NO.111/1, 12TH MAIN, J.C NAGAR, BEHIND KEB OFFICE, KURUBARAHALLI, BENGALURU-560 086 3. SMT.MALA K., W/O ANAND.S AGED ABOUT 41 YEARS, RESIDING AT NO.111/1, 12TH MAIN, J.C NAGAR, BEHIND KEB OFFICE, KURUBARAHALLI, BENGALURU-560 086 …RESPONDENTS (BY SRI. MOHAMED IBRAHIM M., ADVOCATE FOR R1 V/O/D 22.08.2025- NOTICE TO R2 AND R3 IS HELD SUFFICIENT) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER DATED 28-04-2025 VIDE ANNEXURE-F PASSED BY THE DEBT RECOVERY TRIBUNAL-II IN M.A.NO-4/2024 AND TO ALLOW THE MISCELLANEOUS PETITION IN M.A NO-4/2024 FIELD BY THE PETITIONER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:42944 WP No. 18187 of 2025 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed questioning the order dated 28.04.2025 passed by the Debt Recovery Tribunal-II in M.A.No.4/2024. 2. Initially, the emergent notice was ordered and the matter is pending. When this matter came up before this Court on 16.10.2025, it is submitted by the learned counsel for the petitioner that he will get instructions from his client with regard to payment of the principal amount pending disposal of the petition. Learned counsel for the respondents argued that there is an alternative remedy under Section 20 of RDB Act and the petitioner cannot come before this Court filing this writ petition. Hence, the matter is directed to be listed on 23.10.2025. Again on 23.10.2025, the time was sought and the matter was listed on 25.10.2025. When this matter came up on 25.10.2025, there was no representation on behalf of the petitioner. Hence, the matter is directed to be listed today under the caption for “dismissal”. - 4 - HC-KAR NC: 2025:KHC:42944 WP No. 18187 of 2025 3. Today also there is no representation on behalf of the petitioner. It is appears to be that the petitioner is not interested to pursue the matter. 4. Accordingly, the writ petition is dismissed for non-prosecution. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 3