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2026 DAILYLAW 10125 (KAR)

BREEN BABU v. CANARA BANK

WP/9208/2026 · 2026-03-24

Lalitha Kanneganti

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:16592 WP No. 9208 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 9208 OF 2026 (GM-DRT) BETWEEN: 1. BREEN BABU S/O BABU MOHAN, AGED ABOUT 46 YEARS, R/A MADATHIPARAMBIL HOUSE, PIRAVOM, ERNAKULAM, KERALA – 686 664. 2. JIBI ABRAHAM, S/O M.A. ABRHAM, AGED ABOUT 44 YEARS, RA/ MOODANAKALUNKAL HOUSE, OPPOSITE ST. THOMAS HIGH SCHOOL, SOUTH PAMBADY, KOTTAYAM, KERALA – 686 521 …PETITIONERS (BY SRI. SRIKANTH N.V.,ADVOCATE) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:16592 WP No. 9208 of 2026 AND: 1. CANARA BANK (ERSTWHILE SYNDICATE BANK) BHAGAMANDALA BRANCH, MADIKERI, KARNATAKA – 571247 REPRESENTED BY ITS CHIEF MANAGER AND AUTHORIZED OFFICER 2. M/S INDIAN CANE POWER LIMITED, NO. 627, SRI KALLESHWARA INDUSTRIES COMPOUND, RMC ROAD, ANEKONDA DAVANAGERE, KARNATAKA – 575 001 REPRESENTED BY ITS MANAGING DIRECTOR COMPANIES REGISTRATION ACT 1956. …RESPONDENTS (BY SRI.VIGNESH SHETTY, ADVOCATE FOR R1) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED ORDER DATED 12.01.2026 PASSED BY THE HONBLE DEBT RECOVERY TRIBUNAL-2 BANGALORE IN MA NO. 31/2025 THEREBY RESTORE THE SAME AS PER ANNX-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:16592 WP No. 9208 of 2026 ORAL ORDER The present writ petition is filed seeking the following prayer: "WHEREFORE, the petitioners most respectfully pray that this Hon'ble Court may be pleased to:- i) Issue writ of certiorari or any other appropriate writ to quash the impugned order dated: 12.01.2026 passed by the Hon'ble Debt recovery Tribunal-2, Bangalore in MA No.31/2025 thereby restore the same as per Annexure-A. ii) Grant such other reliefs as this Hon'ble Court deems fit under the circumstances of the case." 2. The order that is assailed before this Court is the order passed by the DRT and the alternative remedy available to the petitioners is to go before the DRAT. This Court is not inclined to entertain the writ petition. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioners to avail the appropriate alternative remedy. - 4 - HC-KAR NC: 2026:KHC:16592 WP No. 9208 of 2026 ii. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 34