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2026 DAILYLAW 18788 (KAR)

M/S PUSHPANJALI TRADERS v. THE AUTHORISED OFFICER BANK OF BARODA

WP/24836/2023 · 2026-06-03

Jyoti M

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:25980 WP No. 24836 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 24836 OF 2023 (GM-DRT) BETWEEN: 1. M/S. PUSHPANJALI TRADERS, NO.441, NEW KALIDASA ROAD, VIJAYANAGAR 1ST STAGE, MYSORE-570017. A PROPRIETORSHIP CONCERN PROP-MR KESHAVA MURTHY D.R., 2. MR. D.R.KESHAVA MURTHY, S/O. LATE MR. RANGASWAMY, AGED ABOUT 57 YEARS, 3. MRS. AMITHA KESHAVA MURTHY, W/O. SRI. KESHAVA MURTHY, AGED ABOUT 53 YEARS, PETITIONERS NO. 2 AND 3 ARE R/AT NO.116, 5TH MAIN, 2ND STAGE, BRINDAVAN EXTENSION, MYSURU-570020. 4. MR. KANTHARAJA MAASTI, (GUARANTOR/MORTGAGER ONLY FOR A SUM OF RS 30.00 LAKHS FOR EARLIER LOAN) S/O. LATE GOPALAKRISHNA, AGED ABOUT 54 YEARS, R/AT NO.719, E AND F BLOCK, 4TH /5TH MAIN ROAD, RAMAKRISHNANAGAR MYSORE. …PETITIONERS Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25980 WP No. 24836 of 2023 (BY SRI. MOHAMMAD ATIF, ADVOCATE FOR SRI. RAJENDRA M.A., ADVOCATE) AND: THE AUTHORISED OFFICER, BANK OF BARODA, (ERSTWHILE VIJAYA BANK), VIJAYANAGARA BRANCH, NO.441, 504, NEW KALIDASA ROAD, VIJAYANAGARA 1ST STAGE, MYSURU-570017. …RESPONDENT (BY SRI. SHETTY VIGNESH SHIVARAM, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Mohammed Atif., counsel on behalf of Sri.Rajendra.M.A., for the petitioners and Sri.Shetty Vignesh Shivaram., counsel for the respondent have appeared in person. 2. The petition is filed seeking following reliefs: (a) Quash/ set aside the impugned orders passed by DRT-II, Bengaluru on 21st day of March, 2022 in S.A.No.73/2019 vide Annexure-A. - 3 - HC-KAR NC: 2026:KHC:25980 WP No. 24836 of 2023 (b) Prays to set aside the "Sale certificates" issue in favor of the auction purchaser on 08.02.2019 vide Annexure-H and Sale Deed registered in favor of Smt.D.R.Pushpa, the subsequent purchaser vide Annexure-N. (c) Pass any such orders which this Hon'ble Court deems fit and proper under the facts and circumstances stated above and in the interest of justice and equity. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the papers with care. 4. Suffice it to note that the DRT had passed a final order on 21.03.2022. As there is an alternate remedy as contemplated under Section 18 of the SARFAESI Act to approach DRAT. Hence, I decline to exercise power under writ jurisdiction. Accordingly, the writ petition is dismissed. Because of dismissal the Writ Petition, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of. Sd/- (JYOTI M) JUDGE MRP List No.: 1 Sl No.: 35