- 1 - HC-KAR NC: 2025:KHC:41727 WP No. 23993 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.23993 OF 2023 (GM-RES) BETWEEN: 1. M/S NANDA PETROLEUM ARVATHOKLU VILLAGE AND POST, PONNAMPET NAD, GONIKOPPAL TOWN, VIRAJPET TALUK, KODAGU DISTRICT - 571213 (BORROWER) - REPRESENTED BY ITS PROPRIETOR, SRI. K.P. NANJAPPA, S/O K.M. PONNAPPA, AGED ABOUT 65 YEARS, R/AT ARUVATHOKLU VILLAGE AND POST, PONNAMPETE, KODAGU DISTRICT - 571213. …PETITIONER (BY SRI. M. RAJASHEKAR, ADVOCATE) AND: 1. M/S STATE BANK OF INDIA VIRAJPET BRANCH, TALUK OFFICE ROAD, VIRAJPET TALUK, KODAGU DISTRICT REPRESENTED BY ITS AUTHROISED OFFICER, AND CHIEF MANAGER Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41727 WP No. 23993 of 2023 MRS. UMA V K W/O VIJAY AGED ABOUT 57 YEARS. 2. SRI. K.P. POONACHA S/O K.M. PONNAPPA, AGED MAJOR, R/O ARVATHOKLU VILLAGE AND POST, GONIKOPPAL, VIRAJPET TALUK, KODAGU DISTRICT - 571213 (GUARANTOR NO.1). 3. SRI. K.N. SOMANNA S/O K.P. NANJAPPA, AGED MAJOR, R/O S B ESTATE, ARVATHOKLU VILLAGE AND POST, GONIKOPPAL, VIRAJPET TALUK, KODAGU DISTRICT - 571213. (GUARANTOR NO. 2). …RESPONDENTS (BY SRI. NANDISH PATIL, ADVOCATE FOR R1; V/O DATED 08.01.2024 NOTICE TO R2 AND R3 - DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT APPROPRIATE NATURE QUASHING THE ORDER DATED 08/09/2023 PASSED IN CRL. MISC NO.28/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND CJM, KODAGU AT MADIKERI VIDE ANNEXURE-C; AND ETC. - 3 - HC-KAR NC: 2025:KHC:41727 WP No. 23993 of 2023 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard learned counsel appearing for the parties. 2. In this Writ Petition, petitioner is assailing the order dated 08.09.2023 in Crl. Misc. No.28/2023 on the file of Senior Civil Judge and CJM, Kodagu at Madikeri, as per Annexure-C. 3. It is submitted by the learned counsel appearing for the respondent No.1 that the petitioner is having efficacious remedy before the Debts Recovery Tribunal. In that view of the matter, I am of the view that, no interference is called for in this Writ Petition. 4. Accordingly, the Writ Petition is dismissed. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 24