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2025 DAILYLAW 67302 (KAR)

MRS. PALLAVI. M v. THE AUTHORIZED OFFICER

WP/38410/2025 · 2025-12-19

Lalitha Kanneganti

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:54712 WP No. 38410 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 38410 OF 2025 (GM-DRT) BETWEEN: MRS. PALLAVI M., W/O BHARATH., AGED ABOUT 32 YEARS, RESIDING AT 21/3, 4TH CROSS, SVG NAGAR, MOODALAPALYA, BENGALURU -560 072 …PETITIONER (BY SRI. NITHIN CHANDRA M., ADVOCATE) AND: 1. THE AUTHORIZED OFFICER OF TJSB SAHAKARI BANK LTD., REGION OFFICE:- ALOKA MANSION, NO.19, 3RD BLOCK, 10TH B MAIN ROAD, JAYANAGAR BENGALURU -560 011 2. M/S PALLAVI BINDING WORKS PROPRIETOR MRS. SAROJA OFFICE AT 9/1-B, GROUND FLOOR, 4TH MAIN (OLD 14TH E CROSS), 6TH CROSS, BALE SHETTAPPA COMPOUND, INDUSTRIAL TOWN, RAJAJINAGAR BENGALURU -560 044 Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54712 WP No. 38410 of 2025 3. MRS. SAROJA W/O LATE MANJUNATH C., AGED ABOUT 52 YEARS 4. MR. BHARATH M S/O LATE MANJUNATH C AGED ABOUT 26 YEARS 5. MRS. CHANDRIKA D/O MANJUNATH C MAJOR RESPONDENT NO.3 TO 5 ARE RESIDING AT NO.7, MUNISWAMAPPA COMPOUND, B STREET, MOODALAPALYA MALGALU VILLAGE, BENGALURU -560 072 6. MRS. DEEPA P., MAJOR RESIDING AT 9/1-B, GROUND FLOOR, 4TH MAIN (OLD 14TH E CROSS), 6TH CROSS, BALE SHETTAPPA COMPOUND, INDUSTRIAL TOWN, RAJAJINAGAR BENGALURU -560 044 …RESPONDENTS THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE FINAL ORDER DATED: 31.10.2025 PASSED IN S.A.NO. 204/2025 BY THE DEBTS RECOVERY TRIBUNAL-I BENGALURU IS HEREIN PRODUCED AS ANNEXURE-A. THIS PETITION, COMING ON FOR ORDER, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:54712 WP No. 38410 of 2025 ORAL ORDER The present writ petition is filed seeking the following prayer: “Wherefore, the petitioner respectfully prays that this Hon’ble Court may be pleased to: a. Issue a Writ of Certiorari quashing the Final order dated 31.10.2025 passed in S.A.No.204/2025 by the Debts Recovery Tribunal-I, Bengaluru is herein produced as Annexure-A in the interest of justice and equity. b. Issue a Writ of appropriate nature to set aside the possession notice dated 01.03.2025 Annexure-E issued by the respondent No.1 bank as illegal and void without due process and lawful authority. c. Issue such other order or direction as may be deemed fit to grant in the circumstances of the case.” 2. Why the petitioner had not approached the Debt Recovery Appellant Tribunal, against the order passed by the Debt Recovery Tribunal, why the petitioner has come before this Court. There is no reasonable explanation forthcoming except stating that the question raised by the petitioner is a question of law which the Debt Recovery Appellate Tribunal cannot decide. - 4 - HC-KAR NC: 2025:KHC:54712 WP No. 38410 of 2025 3. This Court do not find any reasons to interfere with this writ petition when the petitioner has a effective alternative remedy. Hence, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioner to approach the Debt Recovery Appellate Tribunal in accordance with law. ii. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 20