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2026 DAILYLAW 11130 (KAR)

M/S KRISHNA ENGINEERING v. M/S TUMKUR GRAIN MERCHANTS CO OPERATIVE BANK LTD

WP/2402/2022 · 2026-04-28

Lalitha Kanneganti

Civil Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:23903 WP No. 2402 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 2402 OF 2022 (GM-DRT) BETWEEN: 1. M/S KRISHNA ENGINEERING (A PARTNERSHIP CONCERN) REP BY ITS PARTNERS (PETITIONERS 2 AND 3 HEREIN) NO.427/F HEBBAL INDUSTRIAL AREA MYSURU-570 016 2. MR SRINIVAS REDDY S/O LATE NARAYANA REDDY AGED ABOUT 74 YEARS 3. MR KRISHNA KUMAR M S S/O MR SRINIVAS REDDY AGED ABOUT 47 YEARS PETITIONERS NO.2 AND 3 ARE R/AT NO.89, 4TH CROSS, 3RD MAIN GOKULAM 3RD STAGE, MYSURU - 570 012. ALSO AT NO.427/F, HEBBAL INDUSTRIAL AREA, MYSURU - 570 016. …PETITIONERS (BY SRI. AKASH R RAO, ADVOCATE) AND: 1. M/S TUMKUR GRAIN MERCHANTS CO-OPERATIVE BANK LTD., Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23903 WP No. 2402 of 2022 B.H.ROAD, TUMAKUR- 572 103 KUVEMPUNAGAR BRANCH MUDRA ARCADE MIG-27, KHB COLONY NRUPATUNGA ROAD KUVEMPUNAGAR MYSURU-570 023. REP BY ITS AUTHORISED OFFICER. …RESPONDENT (BY SRI. K.V.LOKESH, ADVOCATE FOR C/R) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO- QUASH THE SAID CONFIRMATION OF SALE LETTER REFERENCE NO.TGMB/SEC/168/2021-22 DATED 05.01.2022 VIDE ANNEXURE-F ISSUED BY THE RESPONDENT UNDER THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 AND ETC. THIS WRIT PETITION, COMING ON FOR DISMISSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed against M/s.Tumkur Grain Merchants Co-operative Bank Limited., which is a private Bank and in the light of the judgment passed by the Hon’ble Apex Court in Civil Appeal Nos.257-259/2022 between Phoenix ARC Private Limited Vs. Vishwa Bharathi Vidya Mandir and others arising out of WP.Nos.35564-35566/2015 dated 27.03.2018, the present writ petition is not maintainable - 3 - HC-KAR NC: 2026:KHC:23903 WP No. 2402 of 2022 against M/s. Tumkur Grain Merchants Co-operative Bank Limited., which is a private Bank. 2. In view of the same, this Court is passing the following: ORDER i. The writ petition is disposed of, giving liberty to the petitioners to avail the appropriate remedy before the DRT within 30 days from the date of receipt of the copy of this order. ii. The petitioners shall have the benefit of Section 14 of the Limitation Act. iii. Pending I.wAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 75