Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 13353 (KAR)

SRI A DEVARAJ v. THE BRANCH MANAGER, BANK OF BARODA

WP/7266/2024 · 2026-02-19

Ashok S Kinagi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:10507 WP No. 7266 of 2024 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. 7266 OF 2024 (GM-DRT) BETWEEN: 1. SRI A DEVARAJ AGED 61 YEARS, S/O LATE ANJAYNEYAPPA, RESIDING AT NO 39, GOVARDHAN GARDEN, J C INDUSTRIAL ESTATE, KONANAKUNTE POST, UTTARAHALLI HOBLI, KANAKAPURA MAIN ROAD, BENGALURU SOUTH TALUK, BENGALURU 560062 …PETITIONER (BY SRI. VIJAYAKUMARA, ADVOCATE) AND: 1. THE BRANCH MANAGER, ] BANK OF BARODA (EARLIER VIJAYA BANK), BRIGADE ROAD BRANCH, NO. 41/2, TRINITY CIRCLE, BENGALURU 560025 REPRESENTED BY ITS AUTHORIZED OFFICER, MRS ROOPA G 2. M/S VAIBHAVARAJ ENTERPRISES NO 699/14, DOOR NO 7, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10507 WP No. 7266 of 2024 3RD FLOOR, 11TH CROSS, M C LAYOUT GOVINDARAJANAGARA, VIJAYANAGARA BENGALURU 560040 PARTNERSHIP FIRM REPRESENTED BY ITS PARTNERS, LAKSHMAN SHANKARAPA RATHOD AND SHANKARAPPA GANGAPPA RATHOD 3. LAKSHMAN SHANKARAPPA RATHOD AGED 45 YEARS, S/O SHANKARAPPA RATHOD, 4. SHANKARAPPA GANGAPPA RATHOD AGED 65 YEARS, S/O GANGAPPA RATHOD, R3 AND R4 ARE RESIDING AT NO 699/14, DOOR NO 7, 3RD FLOOR, 11TH CROSS, M C LAYOUT, GOVINDARAJA NAGAR, VIJAYANAGARA, BENGALURU - 560040 5. SMT ROOPA P W/O A SHANKAR, AGED 47 YEARS, RESIDING AT NO 39, 3RD FLOOR, J C ROAD GOVARDHAN GARDEN, KONANAKUNTE POST, YELACHENAHALLI VILLAGE, KANAKAPURA ROAD UTTARAHALLI HOBLI, BENGALURU - 560062 …RESPONDENTS (BY SRI. VIGNESH SHETTY, ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:10507 WP No. 7266 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE HONBLE XXX ACMM, BENGALURU DTD. 01.12.2020 VIDE ANNX-A IN CC NO. 4967/2020; DIRECTION TO THE R1 TO OPEN THE LOCK BUILDING BELONGS TO THE PETITIONER BY PERMITTING HIM TO CONTINUE THEIR OCCUPATION, ETC. 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 The petitioner filed this writ petition challenging the order dated 01.12.2020 passed in C.Misc.No.4967/2020 by the Court of XXX Addl. Chief Metropolitan Magistrate, Bengaluru. 2. Learned counsel for the respondent-Bank submits that, respondent No.5-borrower, aggrieved by the impugned order, approached the Debts Recovery Tribunal-2, Bengaluru (‘DRT’ for short) in SA No.119/2021. The securitisation application came to be dismissed for default vide order dated 26.09.2022. - 4 - HC-KAR NC: 2026:KHC:10507 WP No. 7266 of 2024 3. As the impugned order has already been upheld by the DRT, in view of the same, nothing further survives for consideration in this writ petition. 4. Accordingly, the writ petition is dismissed reserving liberty to the petitioner to challenge the impugned order before the DRT, if so desired, within 30 days from today. 5. If the petitioner approaches the DRT within 30 days, the petitioner is entitled to the benefit under Section 14 of the Limitation Act, 1963. 6. In view of dismissal of the petition, pending IA(s), if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE PA List No.: 2 Sl No.: 10s