- 1 - HC-KAR NC: 2026:KHC:24672-DB WA No. 1402 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MAY, 2026 PRESENT THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT APPEAL NO. 1402 OF 2026 (GM-DRT) BETWEEN: 1. BREEN BABU S/O BABU MOHAN, AGED ABOUT 46 YEARS, R/A MADATHIPARAMBIL HOUSE, PIRAVOM, ERNAKULAM, KERALA 686664 2. JIBI ABRAHAM, S/O M.A. ABRHAM, AGED ABOUT 44 YEARS, R/AT MOODANAKALUNKAL HOUSE, OPPOSITE ST. THOMAS HIGH SCHOOL, SOUTH PAMBADY, KOTTAYAM, KERALA 686521 …APPELLANTS (BY SRI. SRIKANTH NV.,ADVOCATE) AND: 1. CANARA BANK ERSTWHILE SYNDICATE BANK) BHAGAMANDALA BRANCH, MADIKERI, Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24672-DB WA No. 1402 of 2026 KARNATAKA-571247 REPRESENTED BY ITS CHIEF MANAGER AND AUTHORIZED OFFICER 2. M/S INDIAN CANE POWER LIMITED, 627, SRI KALLESHWARA INDUSTRIES COMPOUND, RMC ROAD, ANEKONDA DAVANAGERE, KARNATAKA - 575001 REPRESENTED BY ITS MANAGING DIRECTOR …RESPONDENTS (BY SMT. KUSUMA R PRASAD, ADVOCATE FOR SRI. L.M. CHIDANANDAYYA, ADVOCATE) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE DATED 24/03/2026 PASSED IN WP NO.9208/2026 THEREBY RESTORE THE MA NO.31/2025 ON THE FILE OF HONBLE DRT-2. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM) Heard learned counsel appearing for the appellants, learned counsel appearing for respondent No.2 and perused the records. - 3 - HC-KAR NC: 2026:KHC:24672-DB WA No. 1402 of 2026 2. The learned Single Judge, averting to the efficacious remedy available to the appellants, has relegated the appellants to avail the remedy of an appeal. 3. Time and again, the Hon’ble Apex Court as well as this Court have consistently held that ordinarily no indulgence can be shown to litigants who question orders and proceedings initiated under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘the SARFAESI Act’). The learned Single Judge, keeping in view the law laid down by the Hon’ble Apex Court and this Court, has rightly relegated the appellants to avail the alternative statutory remedy by approaching the Debt Recovery Appellate Tribunal. We do not find any infirmity, illegality, or jurisdictional error in the impugned order warranting interference in the present appeal. - 4 - HC-KAR NC: 2026:KHC:24672-DB WA No. 1402 of 2026 4. In that view of the matter, we are of the considered opinion that the present case does not warrant grant of any indulgence by this Court. Accordingly, for the foregoing reasons, the appeal stands dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE Sd/- (RAJESH RAI K) JUDGE NBM List No.: 1 Sl No.: 21