- 1 - HC-KAR NC: 2025:KHC:50714 WP NO.2958 OF 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.2958 OF 2020 (GM-DRT) BETWEEN: SRI. S.N. MAHADEVA S/O LATE NAGAPPA, AGED ABOUT 53 YEARS, R/AT NO.207, 2ND MAIN ROAD, SINGASANDRA, HOSUR ROAD, BENGALURU - 560 068. …PETITIONER (BY SRI. K.R. KRISHNAMURTHY .,ADVOCATE) AND: THE AUTHORIZED OFFICER BANK OF MAHARASHTRA, ASSET RECOVERY BRANCH, 13, PAXAL TOWERS, K.R. ROAD, OPP. VANIVILAS HOSPITAL, BENGALURU - 560 002. …RESPONDENT (BY SRI. V.B. RAVISHANKAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE LETTER/ORDER PASSED BY THE RESPONDENT- BANK DATED 31ST MARCH, 019 VIDE ANNEXURE-C AS ARBITRARY ILLEGAL AND UNJUST; QUASH THE ORDER DATED 18TH DECEMBER, 2019 PASSED BY THE DEBT RECOVERY TRIBUNAL, KARNATAKA AT BENGALURU IN S.A. NO.203/2019 VIDE ANNEXURE-F AS ARBITRARY AND WITHOUT JURISDICTION APART FROM BEING FACTUALLY AND LEGALLY UNTENABLE; AND ETC. Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50714 WP NO.2958 OF 2020 THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, the petitioner is challenging the order/letter dated 31st March, 2019 (Annexure-C) issued by the respondent-Bank; Order dated 18th December, 2019 (Annexure-F) passed by the Debt Recovery Tribunal, Karnataka, Bengaluru in S.A. No.203/2019; inter alia sought for a direction to the respondent-Bank to forthwith refund the sum of Rs.2,14,92,880/- to the petitioner with interest at the rate as may be fixed by this Hon'ble Court computed from the date of deposit till the date of actual realisation. 2. Heard Sri. K.R. Krishnamurthy, learned counsel appearing for the petitioner and Sri. V.B. Ravishankar, learned counsel appearing for the respondent-Bank. 3. Having taken note of the submission made by learned counsel appearing for the parties and on perusal of the writ papers, as the petitioner is assailing the order dated 18th December, 2019 (Annexure-F) passed by the Debt Recovery - 3 - HC-KAR NC: 2025:KHC:50714 WP NO.2958 OF 2020 Tribunal, Bengaluru in S.A. No.203/2019, I am of the view that the petitioner is having an efficacious remedy by way of appeal before the Debt Recovery Appellate Tribunal under Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. 4. Therefore, the petitioner is relegated to approach the Debt Recovery Appellate Tribunal. In the event, if the petitioner avails the remedy of appeal before the Debt Recovery Appellate Tribunal, the period spent by the petitioner before this Court in the present petition shall be condoned under Section 14 of the Limitation Act. 5. With this observation, writ petition stands disposed of. SD/- (E.S. INDIRESH) JUDGE ARK