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2026 DAILYLAW 1926 (KAR)

SRI N JAYAKUMAR v. DBS BANK INDIA LIMITED

WP/3730/2026 · 2026-03-13

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:15169 WP No. 3730 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 3730 OF 2026 (GM-DRT) BETWEEN: 1. SRI N JAYAKUMAR S/O. NEMICHAND JAL, AGED ABOUT 62 YEARS 2. SMT RAJKUMARI J W/O. SRI N. JAYAKUMAR, AGED ABOUT 60 YEARS BOTH ARE RESIDING AT, NO.156, TRUNK ROAD, POONAMALLEE, THIRUVALLUR DISTRICT, CHENNAI - 600 056. …PETITIONERS (BY SRI. POONAM S. PATIL, ADVOCATE) AND: 1. DBS BANK INDIA LIMITED Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15169 WP No. 3730 of 2026 (PREVIOUSLY LAKSHMI VILAS BANK) CITY MARKET BRANCH 1091, OCT ROAD, NAGARATHPET, CITY MARKET, BANGALORE - 560 002 REPRESENTED BY ITS MANAGER ALSO AT DBS BANK INDIA LIMITED SPECIAL ASSET MANAGEMENT BANGALORE NO.93, II FLOOR, TKN MANSION OPP. KSRTC CENTRAL OFFICE KH ROAD, BANGALORE 560 027. REPRESENTED BY ITS MANAGER …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-1. QUASHING THE IMPUGNED ORDER DATED 24.09.2025 PASSED BY THE DEBTS RECOVERY TRIBUNAL-II, BENGALURU, ON I.A. NO. 1983 OF 2025 IN O.A. NO. 1731 OF 2023 FILED BY THE PETITIONERS VIDE ANNEXURE -A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:15169 WP No. 3730 of 2026 ORAL ORDER The present writ petition is filed seeking the following prayers: “1. Issue a writ of certiorari or any other appropriate writ, order, or direction, quashing the impugned order dated 24.09.2025 passed by the Debts Recovery Tribunal-II, Bengaluru, on I.A. No. 1983 of 2025 in O.A. No. 1731 of 2023 filed by the Petitioners vide Annexure A. 2. Declare that the Debts Recovery Tribunal-II, Bengaluru, has no jurisdiction to entertain the proceedings in O.A. No. 1731 of 2023 filed by the Respondent, DBS Bank Limited vide Annexure B, in view of the serious allegations of fraud and forgery involved and in view of the pendency of O.S. No. 6619 of 2023 before the VI Additional City Civil & Sessions Judge, Bengaluru City (CCH-11) filed by the Petitioners vide Annexure W. 3. Pass such other or further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity.” 2. The writ petition is of the year 2026. The writ petition is filed against the respondent DBS Bank India Limited, - 4 - HC-KAR NC: 2026:KHC:15169 WP No. 3730 of 2026 which is a private Bank. In the light of the law laid down by the Hon’ble Supreme Court in Phoenix ARC Private Limited vs. Vishwa Bharati Vidya Mandir & Others, in Civil Appeal Nos.257-259 of 2022, a writ petition against the private Bank is not maintainable. 3. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is dismissed as not maintainable ii. If the petitioners are aggrieved by the order passed by the DRT, they are at liberty to avail appropriate remedy before the DRAT. iii. Pending IAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC/List No.: 1 Sl No.: 17