- 1 - HC-KAR NC: 2026:KHC:19869 WP No. 15752 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 15752 OF 2022 (GM-DRT) BETWEEN: 1. SRI CHAPA LAL MALI AGED ABOUT 34 YEARS S/O BABULAL JI R/AT NO 352, KV TEMPLE STREET BALEPET BENGLAURU - 560 053 2. SRI K V KRISHNA AGED ABOUT 62 YEARS S/O K TEJAS R/AT NO.5, TSR LANE COTTON PET BENGALURU - 560 053 …PETITIONERS (BY SRI. ATUL MANOJ, ADVOCATE FOR SRI. KIRAN B.S., ADVOCATE) AND: 1. THE AUTHORISED OFFICER M/S VYSYA CO-OPERATIVE BANK LTD. OFFICE AT DR SRI SRI SHIVAKUMAR SWAMIJI CIRCLE B H ROAD TUMAKURU - 572 102 Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19869 WP No. 15752 of 2022 2. M/S VYSYA CO-OEPARTIVE BANK LTD REP BY ITS CHIEF EXECUTIVE OFFICER OFFICE AT DR SRI SRI SHIVAKUMARA SWAMJI CIRCLE B H ROAD TUMAKURU - 572 102 3. SRI RAMESH BABU K N AGED MAJOR S/OLT K S NARAYANASETTY R/AT NO.82/4, SAI RATHNA 4TH FLOOR, 2ND CROSS 2ND BLOCK, THAYGARAJANGAR BENGALURU - 560 061 ALSO AT NEW NO.567 3RD FLOOR, 10TH CROSS JAYANAGAR 7TH BLOCK BEGNALURU - 560 078 4. SMT K R SADHANA AGED MAJOR W/O SRI RAMESH BABU K N AND W/O. BHARGAV RA/T 82/4, SRI RATHNA 4TH FLOOR, 2ND CROSS 2ND BLOCK, THYAGARARAJA NGAR BENGALURU - 560 061 5. SMT. K.R. MEGHANA AGED ABOUT 30 YEARS D/O SRI RAMESH BABU K N AND W/O BAHRGAV R/AT 38/2-3 - 3 - HC-KAR NC: 2026:KHC:19869 WP No. 15752 of 2022 FALT NO.409, A-BLOCK BRINDAVAN GARDEN APT VASANTHAPURA VILLAGE KANAKPURA MAIN ROAD DODDAKALLASANRA BENGLAURU - 560 062 6. SMT. K.R. SAI SINCHANA AGED MAJOR D/O SRI RAMESH BABU K N RA/T 82/4, SAI RATNA 4TH FLOOR, 2ND CROSS 2ND BLOCK, THAYGARAJANAGAR BENGALURU - 560 061 …RESPONDENTS (BY SRI. SHIVASHANKARA A., ADVOCATE FOR C/R3, R1 AND R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 28.02.2022 ANNEXURE-A OF THE IX ACMM BY HOLDING THAT THE SAME IS UNSUSTAINABLE/NOT BINDING AGAINST THE PETITIONERS AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 4 - HC-KAR NC: 2026:KHC:19869 WP No. 15752 of 2022 ORAL ORDER The present writ petition is filed seeking the following prayers: "A) SETTING ASIDE the impugned Order dated 28-02-2022 (ANNEXURE-A) of the IX ACMM by holding that the same is unsustainable/not binding against the Petitioners; B) DIRECTING that the possession of the said property of Petitioners be handed over to them and that they be allowed to keep possession of their property; C) GRANTING all other reliefs as this Hon'ble Court may deem fit, proper and necessary under the facts and circumstances of the case." 2. The writ petition is of the year 2022. The writ petition is filed against M/s. Vysya Co-operative Bank Limited, which is a private financial company. In the light of the law laid down by the Hon’ble Supreme Court in Phoenix ARC Private Limited vs. Vishwa Bharati Vidya Mandir & Others, in Civil Appeal Nos.257-259 of 2022, a writ petition against the private financial institution is not maintainable. - 5 - HC-KAR NC: 2026:KHC:19869 WP No. 15752 of 2022 3. Hence, the writ petition is liable to be dismissed as not maintainable. 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 remedy before the Debt Recovery Tribunal. ii. The petitioners shall have the benefit of Section 14 of the Limitation Act. iii. In light of the interim order granted by the Co-ordinate Bench of this Court on 22.09.2023, the respondents shall not take any coercive action for a period of 4 weeks. iv. Pending IAs., if any, shall stand closed SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 5