Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 12642 (KAR)

SRI MAHENDRA J PATEL v. INDIAN BANK

WP/5608/2026 · 2026-02-19

Ashok S Kinagi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:10972 WP No. 5608 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 5608 OF 2026 (GM-DRT) BETWEEN: 1. SRI MAHENDRA J PATEL S/O. SRI JETHALAL D DIWANI AGED AROUND 58 YEARS OLD NO 6/1, 6/2, NEW NO.31,32, GANESH BUILDING, CMH ROAD OPP. CEMETERY GROUND LAKSHMIPURAM, BENGALURU-560 008 (BORROWER/GUARANTOR) 2. SMT. SAVITHRI M PATEL W/O. SRI MAHENDRA PATEL AGED AROUND 56 YEARS OLD NO 6/1, 6/2, NEW NO.31,32 GANESH BUILDING, CMH ROAD OPP: CEMETERY GROUND, LAKSHMIPURAM BENGALURU-560 008 (GUARANTOR) …PETITIONERS (BY SRI. V MOHAN., ADVOCATE) AND: 1. INDIAN BANK HALASURU BRANCH Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10972 WP No. 5608 of 2026 NO.55/3, CAR STREET, HALASURU BENGALURU-560 008 REP. BY AUTHORISED OFFICER SRI RAJESH NANDAN (BANK- REGISTERED UNDER BANKING REGULATIONS ACT, 1949) 2. M/S. POSITIVE EXPORTS AND IMPORTS NO.31, 3RD FLOOR, C.M.H. ROAD, LAKSHMIPURAM, HALASURU BENGALURU-560 008 REPRESENTED BY ITS PROPRIETOR (PRINCIPAL BORROWER) 3. M/S.ANAND READYMADES NO.11, SOMESHWARA TEMPLE STREET, HALASURU, BENGALURU-560 008 REPRESENTED BY ITS PROPRIETOR (PRINCIPAL BORROWER) 4. SRI. KISHORE J.RANANI S/O.SRI JASHANMAL CHOITHRAM RANANI AROUND 50 YEARS NO.16/3, ADITI ELOQUANT APARTMENT NEAR RAMAMURTHY NAGAR POLICE STATION RAMAMURTHY NAGAR, BENGALURU-560 016 (BORROWER) 5. SMT. RASHMI K RANANI AROUND 45 YEARS W/O. SRI. KISHORE J. RANANI NO.16/3, ADITI ELOQUANT APARTMENT NEAR RAMAMURTHY NAGAR POLICE STATION RAMAMURTHY NAGAR, BENGALURU-560 016 (GUARANTOR) - 3 - HC-KAR NC: 2026:KHC:10972 WP No. 5608 of 2026 6. SMT. URMILA, W/O. NITESH KUMAR AGED AROUND 40 YEARS, 244/2, JAIN TEMPLE ROAD, SHIVAJI NAGAR, VTC, BANGALORE KARNATAKA -560051 …RESPONDENTS (BY SRI. ASHOK NAIK, ADVOCATE FOR C/R1 IN CP No.3679/26 SRI. PARTHASARATHY, ADVOCATE FOR C/R6 IN CP No.3288/26) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE DEBT RECOVERY TRIBUNAL. BANGALORE (DRT-1), VIDE ANNEXURE-A, REJECTING THE IA-443/2025 IN S.A NO.208/2025 FILED FOR CONDONING THE UNINTENTIONAL DELAY OF 204 DAYS AND CONSEQUENTLY DISMISSED THE PETITIONERS SA/208/2025 VIDE ORDER DATED 30/01/2026 IN RESPECT OF THE SCHEDULE PROPERTY, AND REMAND THE CASE BACK TO THE DEBT RECOVERY TRIBUNAL, BANGALORE (DRT-I) TO HEAR ON MERIT AND DISPOSE OF SETTING A TIME LIMIT IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. Learned counsel for the petitioners filed a memo seeking leave of this Court to withdraw the petition with a liberty to challenge the impugned order before the DRAT. - 4 - HC-KAR NC: 2026:KHC:10972 WP No. 5608 of 2026 2. Memo is placed on record. 3. Accordingly, the writ petition is dismissed as withdrawn with the aforesaid liberty. 4. The petitioners shall approach DRAT within 30 days from today. If the petitioners approach the DRAT, the petitioners are entitled to the benefit under Section 14 of the Limitation Act. 5. Both the parties are directed to maintain status quo as on today for a period of 15 days from today. 6. Pending IAs, if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE SKS CT:KHV