- 1 - HC-KAR NC: 2026:KHC:22009 WP No. 11276 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 11276 OF 2026 (GM-DRT) BETWEEN: 1. MR. VASANTHA. M. S/O MACHA PUJARI, AGED ABOUT 44 YEARS 2. SMT. ASHA W/O VASANTHA M., AGED ABOUT 40 YEARS, BOTH ARE R/AT NANJAPURA ROAD, BEHIND GOVT. SCIENCE COLLEGE, BOMMANAKATTE, BHADRAVATI POST, SHIVAMOGGA DISTRICT, KARNATAKA-577 301 …PETITIONERS (BY SRI. RAMESHA D.S., ADVOCATE) AND: THE DCB BANK GROUND FLOOR, PRATAP ARCADE, JAIL CIRCLE, TILAK NAGAR, DURGIGUDI, SHIVAMOGGA-577 201 REP BY ITS MANAGER …RESPONDENT Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22009 WP No. 11276 of 2026 THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED NOTICE DATED 25.11.2025 REF. NO. DCB/SEC 13 (2)/NOV/2025-101416943 AND POSSESSIONS NOTICE DATED 17.02.2026 ISSUED BY THE RESPONDENT VIDE ANNEXURE-A AND B. THIS 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 seeking the following prayer: "Wherefore, it is most respectfully prayed that this Hon’ble Court may be pleased to i. Issue a writ or order or direction to set aside the impugned notice dated 25.11.2025 Ref. No. DCB/SEC13(2)/NOV/2025-101416943 and possessions notice dated 17.02.2026 issued by the respondent vide annexure-A and B. ii. Issue any other order or direction as deemed fit by this Hon’ble Court in the facts and circumstances of the case, in the interest of justice" 2. The writ petition is filed against a private Bank. 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 - 3 - HC-KAR NC: 2026:KHC:22009 WP No. 11276 of 2026 out of WP.Nos.35564-35566/2015 dated 27.03.2018, the present writ petition is not maintainable against the DCB Bank, which is a private Bank. 3. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioners to avail the appropriate remedy. ii. The petitioners shall have the benefit of Section 14 of the Limitation Act. iii. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 66