- 1 - HC-KAR NC: 2026:KHC:14505 WP No. 6176 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 6176 OF 2026 (GM-DRT) BETWEEN: 1. SMT. FLAVIA KANTHI LOBO W/O. SRI. VALERIAN LOBO VEEKAY CONTAINERS, KT, ROAD, KABETTU KARKALA, UDUPI-574104. AGED ABOUT 42 YEARS 2. SRI. VALERIAN LOBO. S/O. PAUL LOBO VEEKAY CONTAINERS, KT, ROAD, KABETTU KARKALA, UDUPI-574 104 …PETITIONERS (BY SRI. MALHARARAO, ADVOCATE) AND: THE BANK OF BARODA KARKALA BRANCH, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14505 WP No. 6176 of 2026 NEAR BUS STAND, KARKALA, UDUPI DISTRICT-574 104 REPRESENTED BY ITS MANAGER …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE EXPARTE ORDER PASSED BY THE DRT-II, BANGALORE, AS BEING VIOLATIVE OF PRINCIPLES OF NATURAL JUSTICE. VIDE ORDER DATED 17.09.2025. I N OA NO.352/2024 AT ANNEXURE-C. 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:14505 WP No. 6176 of 2026 ORAL ORDER The present writ petition is filed seeking the following prayer: “Wherefore, insofar as the petitioner herein is concerned, it is most respectfully prayed that this Hon’ble Court be pleased to: (i) Issue Writ of Certiorari or in the like nature of Certiorari quashing the exparte order passed by the DRT-II, Bangalore, as being violative of principles of natural justice. vide order dated 17.09.2025 in OA. No. 352/2024 at ANNEXURE- C. AND (ii) Issue Writ of Mandamus and directing the Hon'ble DRT-II, tribunal to restore the matter and afford the Petitioner full opportunity of hearing before passing any order. AND (iii) Issue Writ of Prohibition, restraining the Respondent-Bank and the Recovery Officer, DRT-II, Bangalore, from initiating or continuing any recovery proceedings against the Petitioner's and guarantor's other properties pursuant to the ex parte order in ΟΑ.Νο.352/2024, dated 17.09.2025. at ANNEXURE- C (iv) Pass such other or further orders as this Hon'ble Court may deem fit in the facts and circumstances of this case, in the interest of justice and equity.” 2. When an order is passed by the DRT the petitioner has to go before the DRAT to avail the alternative remedy and in the light of the law laid down by the Hon’ble Apex Court this petition cannot be entertained. In that view of the matter, this Court is passing the following: - 4 - HC-KAR NC: 2026:KHC:14505 WP No. 6176 of 2026 ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioner to avail the appropriate remedy before the DRAT. ii. All pending I.As. in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 51