- 1 - HC-KAR NC: 2026:KHC:25307 WP No. 15898 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. 15898 OF 2026 (GM-DRT) BETWEEN: 1. MR SANTOSH G., S/O. LATE K GANGADHARA, AGED ABOUT 49 YEARS, RESIDING AT NO.232, NANJA REDDY COLONY, OPPOSITE KASTURI NAGAR, J.B.NAGAR BANGALORE NORTH, NEW THIPPASANDRA KARNATAKA -560 075 2. MR. SUBHASH GANGADHARA S/O LATE K.GANGADHARA AGED ABOUT 47 YEARS, RESIDING AT NO.232, NANJA REDDY COLONY, NEAR OM SHAKTHI TEMPLE, MURGESHPALYA BANGALORE NORTH, BANGALORE KARNATAKA – 560 017 3. MRS. SUNITHA GANGADHARA W/O VIJAYAKUMAR AGED ABOUT 51 YEARS OLD RESIDING AT NO.402, ADITYA BEAU MONDE APTS, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25307 WP No. 15898 of 2026 AMBEDKAR NAGAR ROAD, HILLSIDE ROAD, HOPE FARM, WHITEFIELD, BENGALURU, KARNATAKA – 560 066 …PETITIONERS (BY SRI. ANKITH S REDDY, ADVOCATE) AND: EDELWEISS ASSET RECONSTRUCTION PVT. LTD., HAVING ITS REGISTERED OFFICE AT EDELWIESS HOUSE, WINDSOR LN, KOLIVERY VILLAGE, MMRDA AREA, KALINA, SANTACRUZ EAST, MUMBAI, MAHARASHTRA -400 098 REP. BY AUTHORIZED OFFICER …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO- QUASHING THE ORDER DATED 26.09.2025 PASSED IN CRL. MISC NO. 1374/2025 PASSED BY THE HONBLE CHIEF JUDICIAL MAGISTRATE BANGALORE RURAL DISTRICT AT BANGALORE VIDE ANNEXURE-A. 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:25307 WP No. 15898 of 2026 ORAL ORDER The present writ petition is filed against Edelweiss Asset 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 Edelweiss Asset 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 within 30 days from the date of receipt of the copy of the order. ii. The petitioner shall have the benefit of Section 14 of the Limitation Act. iii. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS,List No.: 1 Sl No.: 81