- 1 - HC-KAR NC: 2026:KHC:25291 WP No. 15525 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MAY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 15525 OF 2026 (GM-DRT) BETWEEN: 1. SRI. MOHAMMAD ALI S/O MOHAMMED ISMAIL AGED ABOUT 44 YEARS, RESIDING AT NO.40, OLD NO.206, BAZAR STREET, NEELASANDRA, BENGALURU -560 047. ALSO AT FLAT NO.101, FIRST FLOOR, SRI VANI SYMPHONY, OLD SY.NO.30/23, NEW SY.NO.30/35, THIRUPALYA VILLAGE, JIGNI HOBLI, ANEKAL TALUK, BENGALURU 560 099. ALSO AT C/O INDUSIND BANK LTD., BASAVANAGUDI, BENGALURU -560 004 2. SMT. AYESHA ISMAIL, W/O MOHAMMAD ALI, AGED ABOUT 45 YEARS, NO.40, OLD NO.206, BAZAR STREET, NEELASANDRA, BENGALURU -560 047, ALSO AT FLAT NO.101, FIRST FLOOR, OLD SY.NO.30/23, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25291 WP No. 15525 of 2026 NEW KSY.NO.39/35, SRI VANL SYMPHONY THIRUPALYA VILLAGE, JIGNI HOBLI, ANEKAL TALUK, BENGALURU -560 099. …PETITIONERS (BY SRI. BENIGN J.L. PRASAD, ADVOCATE) AND: M/S. OMKARA ASSETS RECONSTRUCTION PRIVATE LIMITED KOHINOOR SQUARE, 47TH FLOOR, N.C.KELKAR MARG, R.G.GADKARI CHOWK, DADAR (WEST), MUMBAI- 400 028, THROUGH ITS AUTHORIZED REPRESENTATIVE MR.RAJENDRA BOSALE …RESPONDENT THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE IMPUGNED ORDER DATED 03.03.2026 IN CRL. MISC. NO.147/2026 ON THE FILE OF CHIEF JUDICIAL MAGISTRATE, RURAL COURT, AT BENGALURU, A COPY OF WHICH IS PRODUCED AT ANNEXURE-B TO MEET THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:25291 WP No. 15525 of 2026 ORAL ORDER The present writ petition is filed against M/s.Omkara Assets Reconstruction Pvt. Limited., which is a private Bank and 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 out of WP.Nos.35564-35566/2015 dated 27.03.2018, the present writ petition is not maintainable against M/s.Omkara Assets Reconstruction Pvt. Limited ., which is a private Bank. Accordingly, this Court is passing the following: ORDER i. The writ petition is disposed of giving liberty to the petitioner to avail the appropriate remedy before the DRT. ii. Petitioner shall approach the DRT within 30 days from the date of receipt of the copy of the order. iii. The petitioner shall have the benefit of Section 14 of the Limitation Act. - 4 - HC-KAR NC: 2026:KHC:25291 WP No. 15525 of 2026 iv. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 75