- 1 - HC-KAR NC: 2025:KHC:47241 WP No.3130 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.3130 OF 2023 (GM-RES) BETWEEN: 1. M/S RAVI PETROLEUM A PROPRIETARY CONCERN, NO 39/1, SHIVAGANGA KUDUR ROAD, GANFYAPURA, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT - 562111 REP BY ITS PROPRIETOR SMT. T.N. SHANTHAKUMARI ALSO AT NO.197, DEFENCE LAYOUT, VIDYARANYAPURA, BENGALURU - 560097. …PETITIONER (BY SRI. SHANKAR S. BHAT, ADVOCATE) AND: 1. M/S INDUSIND BANK LTD REGISTERED OFFICE 2401, GEN. THIMMAYYA ROAD, PUNE-411001, REPRESENTED BY ITS MANAGING DIRECTOR. 2. AUTHORIZED OFFICER/MANAGER INDUSIND BANK LTD, Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47241 WP No.3130 of 2023 FINANCIAL RESTRUCTURING AND RECONSTRUCTION GROUP, NO.1-10-72, 3RD FLOOR, ASHOKA JANARDHAN CHAMBERS. …RESPONDENTS (BY SMT. CHITHRA NIRMALA P., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NO.1 AND 2 TO CONSIDER THE REPRESENTATIONS DATED 18/08/2022 VIDE ANNEXURE-A REPLY BY E-MAIL BY THE BANK ANOTHER REPRESENTATION VIDE REFERENCE NO.25279042 ANNEXURE-A1 DATED 18/08/2022 AND ALSO ANOTHER REPRESENTATION DATED 19/08/2022 VIDE ANNEXURE-A2 IN THE LIGHT OF TWO CIRCULARS NO.RBI/2019-20-/219.DORNO.BP. BC.62/21.04.048/2019-20 DATED 17/04/2020, VIDE ANNEXURE-D AND ANOTHER RBI CIRCULAR NO.RBI/2021- 22/32/DOR.STR.REC.12/21.04.048/2021-22DATED 05/05/2021 VIDE ANNEXURE-D1; AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:47241 WP No.3130 of 2023 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard learned counsel appearing for the parties. 2. The petitioner has challenged the public notice dated 24.11.2022 at Annexure-C and also challenged the proceedings under the provisions of the SARFAESI Act, 2002 (for short, 'the Act'). 3. It is submitted by the learned counsel appearing for the petitioner that the petitioner has approached the competent Commercial Court in COM.O.S.No.369/2024 with regard to claim made by the respondent - Bank and it is further submitted that the respondent - Bank has committed fraud after restructuring the loan of the petitioner. 4. Per contra, learned counsel for the respondent - Bank submitted that the petitioner is having alternative and efficacious remedy under Section 17 of the Act. 5. Having taken note of the submissions made by the learned counsel appearing for the parties and that the - 4 - HC-KAR NC: 2025:KHC:47241 WP No.3130 of 2023 petitioner is having efficacious remedy under the Act, it is also noted from the factual aspects on record that as the petitioner has raised the plea of fraud committed by the respondent - Bank and also the proceedings before the Commercial Court is pending consideration in COM.O.S.No.369/2024, I am of the view that, disputed questions of fact cannot be considered under Article 226 of the Constitution of India. Accordingly, the writ petition is disposed of as not maintainable. However, it is open for the petitioner to approach the competent Tribunal for redressal of grievances, if so advised. 6. In view of disposal of the writ petition as above, pending interlocutory applications do not survive for consideration. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 9