M/S MOTI BABA FILLING STATION v. THE AUTHORIZED OFFICER
WP/29673/2024 · 2026-02-27
Ashok S Kinagi
body2026
DailyLaw.ai
[ 2026 DAILYLAW 17256 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 17256 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:12367 WP No. 29673 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 29673 OF 2024 (GM-DRT)
BETWEEN:
1.
M/S MOTI BABA FILLING STATION PROPRIETOR SRI BASHA MAHABOOB AGED ABOUT 69 YEARS DOOR No.116, HES ROAD, OLD ESI HOSPITAL AMBEDKAR NAGAR, T.B. DAM, HOSAPETE - 583225
2.
SMT. SHANU BEGUM W/O SRI BASHA MAHABOOB AGED ABOUT 59 YEARS DOOR No.116, HES ROAD, OLD ESI HOSPITAL AMBEDKAR NAGAR, T.B. DAM, HOSAPETE - 583225 …PETITIONERS (BY SRI. RAJENDRA M A., ADV.)
Digitally signed by SUNITHA K S Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:12367 WP No. 29673 of 2024
AND:
THE AUTHORIZED OFFICER STATE BANK OF INDIA STATION ROAD, HOSPETE - 583201 …RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDERS PASSED IN SA NO.714/2022 DTD 29.12.2023 ANNX-A SINCE THE ORDER PASSED BY THE HONBLE DRT-1 BENGALURU IS NOT IN ACCORDANCE WITH LAW, AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: *****
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HC-KAR NC: 2026:KHC:12367 WP No. 29673 of 2024
CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI
ORAL ORDER
The petitioners aggrieved by the order passed in S.A.No.714/2024 dated 29.12.2023 passed by the Debt Recovery Tribunal-I, Bengaluru. The said
order is appealable under Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the SARFAESI Act’). The petitioners without exhausting equal efficacious remedy, have filed this writ petition.
2. In view of proposition of law laid down by the Hon’ble Apex Court in the case of RIKHAB CHAND JAIN VS.
UNION OF INDIA IN C.A.NO.6719 OF 2012 disposed off on 12.11.2025, the writ petition is not maintainable. Accordingly, the writ petition is dismissed.
3. The liberty is reserved to the petitioners to approach the Debt Recovery Appellate Tribunal within a period of one month from today.
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HC-KAR NC: 2026:KHC:12367 WP No. 29673 of 2024
4. If the petitioners approaches the Debt Recovery Appellate Tribunal, the petitioners are entitled to the benefit under Section 14 of the Limitation Act, 1963.
5. Pending applications, if any, stand disposed off accordingly.
Sd/- (ASHOK S.KINAGI) JUDGE
SSB