- 1 - HC-KAR NC: 2026:KHC:13277 WP No. 112 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 112 OF 2022 (GM-DRT) BETWEEN: M/S SHREE LAKSHMI ENTERPRISES NO.660/A, 7TH MAIN, KIADB INDL. AREA, AUTO NAGAR, BELGAGAVI-590 016 REPRESENTED BY ITS PROPRIETOR …PETITIONER (BY SRI. SOMASHEKHARAIAH R.P., ADVOCATE) AND: 1. THE CHIEF MANAGER AND AUTHORIZED OFFICER, KARNATAKA BANK LIMITED, NO.499, KARNATAKA BANK BUILDING, III FLOOR, NEW COTTON MARKET, HUBLI-580 029 2. THE CHIEF MANAGER AND AUTHORIZED OFFICER, KARNATAKA BANK LIMITED, MALMARUTHI EXTENSION BRANCH, LIG-90, OPP BRAHMAKUMARI MEDITATION CENTRE, BELAGAVI-590 016 3. THE DEPUTY GENERAL MANAGER MSME SUPPORT MANAGER, HEAD OFFICE, MANGALURU-575 002 4. THE SYNDICATE BANK LEAD DISTRICT OFFICER, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13277 WP No. 112 of 2022 JNMC CAMPUS, NEHRU NAGAR, BELGAVI-590 010 5. THE EXECUTIVE ENGINEER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, B.K.KANGRAHALLI INDUSTRIAL AREA, P.B. ROAD, BELAGAVI-590 010 6. SRI HITESH PATEL S/O PURUSHOTHAM, AGED ABOUT 40 YEARS, R/AT MAHANTESH NAGAR, BELAGAVI-590 010 7. SRI DINESH PATEL S/O PURUSHOTHAM, AGED ABOUT 38 YEARS R/AT MAHANTESH NAGAR, BELGAVI-590 010 …RESPONDENTS (BY SRI.A.GANESH, ADVOCATE FOR R1 & R2 SRI.ASHOK N. NAYAK, ADVOCATE FOR R5 SRI.A.A.MULAWADMATH, ADVOCATE FOR R6 & R7 R3 & R4 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO-QUASH THE ORDER PASSED BY THE HONBLE DEBT. RECOVERY TRIBUNAL II KARNATAKA AT BENGALURU IN SA NO.409/2020 DATED: 02.08.2021 AND THE ORDER MADE IN SA NO.8/2021 DATED: 03.08.2021 VIDE ANNEXURE-H AND J AND TO DECLARE AND ORDER THAT THE AFORESAID MEASURES TAKEN BY THE RESPONDENT BANK UNDER E-PUBLIC AUCTION NOTICE DATED: 08.12.2020, FIXING THE E- PUBLIC AUCTION ON 13.01.2021, UNDER ANNEXRE-A6 TO THE SA NO.8/2021, IS LEGALLY INVALID AND UNSUSTAINABLE AND PRAYS THAT THE SAME MAY BE SET ASIDE BY GIVING DIRECTIONS TO THE RESPONDENT BANK TO TAKE NECESSARY STEPS FOR RE- STRUCTURING THE TERM LOAN AS PER THE CREDIT POLICY GUIDELINES OF THE RESPONDENT BANK AS PER LETTER DATED: 13.08.2018 ADDRESSED BY THE R-3 TO THE R-2 BANK, AS PER THE LETTER DATED: 13.08.2018 ISSUED BY THE R-3 TO THE R-2. - 3 - HC-KAR NC: 2026:KHC:13277 WP No. 112 of 2022 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Memo is filed by the learned counsel for the petitioners stating that in view of the Judgment of the Hon’ble Apex Court in SLP(Civil) No.2625-27/2025 and in the light of the judgment of the co-ordinate Bench of this Court in WP.No.11869/2017 c/w WP.No.27352/2016 dated 04.03.2020 wherein it is held that the writ is not maintainable against the Karnataka Bank, the petitioner may be permitted to avail alternative remedy before the DRAT. The memo is taken on record. 2. Learned counsel for the respondent submits that the auction has been taken place and sale certificate is issued on 10.12.2022. 3. Accordingly the memo is taken on record and this court is passing the following: ORDER i. The writ petition is disposed of giving liberty to the petitioner to avail the appropriate remedy if any in - 4 - HC-KAR NC: 2026:KHC:13277 WP No. 112 of 2022 accordance with law. However petitioner is entitled for the benefit under Section 14 of the Limitation Act. ii. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 10