- 1 - HC-KAR NC: 2025:KHC:38586 WP No. 26028 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 26028 OF 2025 (GM-DRT) BETWEEN: MR RAGHAVENDRA K N S/O. K.S. NARAYANASWAMY AGED ABOUT 42 YEARS, R/AT NO.101, 4TH MAIN, 8TH CROSS, 3RD STAGE, GOKULAM, MYSORE - 570 002. …PETITIONER (BY SRI.MOHAMMED ASHHAR., ADVOCATE) AND: M/S. ICICI BANK LTD., (INCORPORATED UNDER THE COMPANIES ACT 1956) HAVING ITS REGISTERED OFFICE AT NO.4/10, 1ST FLOOR, WEST WING, MYTREE CENTRE, HOSUR ROAD, BOMMANAHALLI, BENGALURU 560 068. REPRESENTED BY ITS Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38586 WP No. 26028 of 2025 AUTHORIZED OFFICER. …RESPONDENT (BY SRI. FRANCIS XAVIER.,ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE WRIT OF MANDAMUS FOR EXTENSION OF TIME TILL DISPOSAL OF THE APPLICATION FILED IN M.A. NO.62/2025 DATED 17.08.2025 PENDING BEFORE THE HONBLE DRT-II AT BENGALURU VIDE ANNEXURE - J; B) ISSUE WRIT OF MANDAMUS TO THE RESPONDENT BANK NOT TO TAKE ANY ACTION AGAINST THE SCHEDULE PROPERTY BASED ON THE IMPUGNED ORDER DATED 04-08-2025 PASSED BY THE LEARNED PRESIDING OFFICER IN DIARY NO.987/2025 VIDE ANNEXURE-H AND TO ACCEPT THE PETITIONERS REQUEST TO SETTLE HIS LOAN ACCOUNTS THROUGH OTS AMOUNT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:38586 WP No. 26028 of 2025 ORAL ORDER None appears for the petitioner and this Court's order on the previous hearing date, in its material part, reads as under: "….…. the Miscellaneous Application is restored by the DRT and that even the application is decided on merits thereafter and as such, the petition is rendered infructuous." Sri Francis Xavier, the learned counsel for the respondent, submits that though the petitioner's application under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short, the 'SARFAESI Act'] was restored on a Miscellaneous Application, it is subsequently rejected on merits and the learned counsel submits that the petitioner's remedy would be under Section 18 of the SARFAESI Act. - 4 - HC-KAR NC: 2025:KHC:38586 WP No. 26028 of 2025 Subject to all just exceptions, the petition stands disposed of. Sd/- (B M SHYAM PRASAD) JUDGE NV