- 1 - HC-KAR NC: 2026:KHC:15187 WP No. 16440 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 16440 OF 2023 (GM-DRT) BETWEEN: 1. 1A. M/S SRI GAVIRANGA KALYANA MANTAPA, PROPREITORSHIP RING ROAD, VEERASAGARA, TUMKUR 1.SHRI. VISHWANTAH T.R. (DECEASED) REP BY LRS SHRI SANJAY KUMAR V. S/O LATE VISHWANAHT T.R. AGED ABOUT 32 YEARS R/AT GUBBI GATE, OPP. SRI GAVIRANGANA KALYANA MANTAPA, RING ROAD, VEERASAGARA, TUMKURU - 572 101. …PETITIONER (BY SRI. RAJENDRA M.A., ADVOCATE) AND: 1. M/S TUMKURU GRAIN MERCHANTS CO-OPERATIVE BANK LTD S.S. PURAM BRANCH, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15187 WP No. 16440 of 2023 TUMKURU TOWN, TUMAKURU REPRESENTED BY ITS AUTORISED OFFICER. GENERAL MANAGER …RESPONDENT (BY SRI. B.S. MAHENDRA, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH / SET ASIDE THE IMPUGNED ORDER ANNEXURE-A, PASSED BY THE HONBLE PSCJ AND CJM, TUMAKURU IN CRL.MISC.122/2023 ANNEXURE-A, SINCE SUBSTANTIAL QUESTION OF LAW, FACTS AND GROUNDS ARE NOT PROPERLY CONSIDERED BY THE LEARNED CJM, WHILE PASSING THE IMPUGNED ORDER AND THE PETITION FILED U/S 14 OF SARFAESI ACT IS NOT IN CONFORMITY WITH THE PROVISIONS OF THE ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:15187 WP No. 16440 of 2023 ORAL ORDER The present writ petition is filed seeking the following prayers: “(a) It is respectfully prayed to quash/set aside the impugned order (Annexure-A), passed by the Hon'ble PSCJ & CJM, Tumakuru, in Crl. Misc.122/2023 dtd. 14- 07-2023 (Annexure-A), since substantial question of law, facts and grounds are not properly considered by the learned CJM, while passing the impugned order and the petition filed under Section 14 of SARFAESI Act is not in conformity with the provisions of the Act. (b) Restrain the respondent bank from taking possession of the schedule property by virtue of the impugned order. (c) Grant such other reliefs that this Hon'ble Court may deem fit and proper to grant under the circumstances of the case, including the cost of these proceedings, in the interest of justice and equity.” 2. When the matter came up for hearing, the learned counsel appearing for the petitioner submits that liberty may be - 4 - HC-KAR NC: 2026:KHC:15187 WP No. 16440 of 2023 granted to the petitioner to avail the appropriate remedy before the DRT. 3. Accordingly, the writ petition is disposed of, granting liberty to the petitioner to avail the appropriate remedy before the DRT and to have the benefit of Section 14 of the Limitation Act. 4. Pending IAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 25