- 1 - HC-KAR NC: 2025:KHC:36234 WP No. 25047 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 25047 OF 2025 (GM-DRT) BETWEEN: 1. SRI DIGAMBAR SHANKAR NAIK PROP: M/S PARVATI FISH LAND, AGED ABOUT 61 YEARS, S/O LATE SHANKER R.NAIK, R/AT VITTAL APARTMENT, GREEN STREET RD, KARWAR DISTRICT, UTTAR KANNADA - 581301 2. SRI. ASHOK SHANKAR NAIK AGED ABOUT 63 YEARS, S/O LATE SHANKER R.NAIK, R/AT NEAR MALLIKARJUNA TEMPLE NANDANAGADDA, KARWAR - 581301 Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36234 WP No. 25047 of 2025 3. AMITHA ASHOK NAIK AGED ABOUT 58 YEARS, W/O SRI ASHOK SHANKAR NAIK NEAR MALLIKARJUNA TEMPLE NANDANAGADDA, KARWAR - 581301 4. SMT. POORNIMA DIGAMBAR NAIK AGED ABOUT 59 YEARS, W/O SRI DIGAMBAR SHANKAR NAIK NEAR MALLIKARJUN TEMPLE, NANDANGADDA, KARWAR - 581 301 …PETITIONERS (BY SRI. M A RAJENDRA, ADVOCATE) AND: 1. THE AUTHORISED OFFICER THE KANARA DISTRICT CENTRAL CO- OPERATIVE BANK LTD., HEAD OFFICE: NEW MARKET YARD, SIRSI-581 402. ALSO AT KRISIYA REALITY BUILDING - 3 - HC-KAR NC: 2025:KHC:36234 WP No. 25047 of 2025 MURLIDAR MATH ROAD KARWAR, BRANCH CODE-16007 2. M/S SHANTIKA SOUHARDHA SAHAKARI SANGHA, NIYAMITA, ANKOLA, "VASUDEV BUILDING", KARWAR ROAD, KARWAR TALUK UTTAR KANNADA - 581 314 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) TO QUASH AND SET ASIDE THE IMPUNGED ORDER DATED 31/07/2025 PASSED BY THE HON'BLE DRT-II, BENGALURU IN S.A.NO-227/2024 I.E., ANNXEURE-A IN THE INTEREST OF JUSTICE AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 4 - HC-KAR NC: 2025:KHC:36234 WP No. 25047 of 2025 ORAL ORDER The petitioners, who have availed remedy under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [the SARFAESI Act] in S.A.No.227/2024, are aggrieved by the Debt Recovery Tribunal's [DRT] order dated 31.07.2025 in such proceedings. The petitioners contend that this Court must intervene, amongst others, for the reason that the DRT has rejected this application without considering an interim application filed for impleading certain respondent and that the DRT should have heard such proposed respondents before the application could be decided on the merits. This Court is of the view that the petitioners have an alternative remedy under Section 18 of the SARFAESI Act and the petitioners must avail such remedy and that there are no exceptional circumstances for this Court to intervene under - 5 - HC-KAR NC: 2025:KHC:36234 WP No. 25047 of 2025 Article 226 of the Constitution of India. As such, the petition, subject to all just exceptions, stands disposed of. Sd/- (B M SHYAM PRASAD) JUDGE RB