- 1 - HC-KAR NC: 2026:KHC:23387 WP No. 13480 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 13480 OF 2026 (GM-DRT) BETWEEN: MRS. USHA MARY PINTO D/O LATE CHARLES PINTO, AGED ABOUT 61 YEARS, RESIDING AT NO. 1005, PAVAN ENCLAVE APARTMENTS, 16TH 'B' MAIN, HAL 2ND STAGE, NEAR BESCOM OFFICE, ULSOOR, BENGALURU-560 008 CURRENTLY RESIDING AT FLAT NO. 29D, TOWER 3, PASHMINA WATERFRONT, OLD MADRAS ROAD, BATTARAHALLI, BENGALURU – 560 049 …PETITIONER (BY SRI. VENKITARAMAN N.S., ADVOCATE) AND: 1. THE AUTHORISED OFFICER INDIAN BANK (ERSTWHILE ALLAHABAD BANK), BASAVANAGUDI, DVG ROAD BRANCH, BENGALURU – 560 004 2. THE BRANCH MANAGER, INDIAN BANK, BASAVANAGUDI DVG ROAD BRANCH, BENGALURU-560 004 …RESPONDENTS Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23387 WP No. 13480 of 2026 THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION DECLARING THAT THE FIXATION OF RESERVE PRICE AND SALE OF THE PETITIONERS SECURED ASSET BY THE RESPONDENT- BANK IS ARBITRARY AND CONTRARY TO RULE 8(5) OF THE SECURITY INTEREST (ENFORCEMENT) RULES, 2002, AND CONSEQUENTLY DIRECT THE RESPONDENT-BANK TO RENDER A TRUE AND COMPLETE ACCOUNT AND PAY TO THE PETITIONER THE DIFFERENTIAL AMOUNT REPRESENTING THE FAIR MARKET VALUE OF THE PROPERTY, AFTER ADJUSTING THE LAWFUL OUTSTANDING DUES, IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer. “Wherefore, it is most humbly prayed that this Hon’ble Court may be pleased to: a) Issue an appropriate writ, order or direction declaring that the fixation of reserve price and sale of the petitioners secured asset by the respondent-bank is arbitrary and contrary to Rule 8(5) of the Security Interest (Enforcement) Rules, 2002, and consequently direct the respondent-Bank to render a true and complete account and pay to the petitioner the differential amount representing the fair market value of the - 3 - HC-KAR NC: 2026:KHC:23387 WP No. 13480 of 2026 property, after adjusting the lawful outstanding dues, in accordance with law; b) In the alternative, the petitioner may be permitted to approach the Debts Recovery Tribunal and the said Tribunal may be directed to consider the petitioner’s claim on merits and in accordance with law, without rejecting the same on the ground of limitation, in view of the peculiar facts and circumstances of the case.” 2. Learned counsel for the petitioner submits that he is not aggrieved by the sale, but aggrieved by the amount that is fixed by the Bank by undervaluing the property of the petitioner. Hence, the petitioner has come up before this Court questioning the said action of the Bank and also in the alternative he may be permitted to approach the Debt Recovery Tribunal. 3. If the petitioner wants to approach the Debt Recovery Tribunal, she has to question the measures that are initiated by the Bank. But the petitioner submits that she is not questioning the sale notice. In these circumstances, this Court cannot entertain the writ petition and if the petitioner has any remedy before the DRT, she is at liberty to do so in accordance with law. Hence, this Court is passing the following: - 4 - HC-KAR NC: 2026:KHC:23387 WP No. 13480 of 2026 ORDER i. Accordingly, the writ petition is disposed of. ii. Pending IAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 29