- 1 - HC-KAR NC: 2026:KHC:14501 WP No. 27154 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 27154 OF 2025 (GM-DRT) BETWEEN: SHRI.M.VINOD KUMAR S/O K.M. MAHADEVAIAH, AGED ABOUT 36 YEARS, NO. 70/17, 2ND FLOOR, 1ST CROSS, VIJAYANAGAR ARCH, BASHETTAHALLI, BENGALURU RURAL, KARNATAKA- 561 203 …PETITIONER (BY SRI. FAZIL AHMED, ADVOCATE) AND: 1. BANK OF MAHARASHTRA’S ASSET RECOVERY BRANCH (ARB), NO.13, PAXAL TOWERS, K.R. ROAD, OPP. TO VANIVILAS HOSPITAL, BENGALURU -560 002 REPRESENTED BY ITS MANAGER 2. RASHMEI SHARMA D/O IHWAR DUTT GARG AGED ABOUT 52 YEARS R/AT NO.502, ASPEN TOWER NEAR COLLUMBIA ASIA HOSPITAL GODREJ WOODSMAN ESTATE HEBBAL, BANGALORE NORH Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14501 WP No. 27154 of 2025 BANGALORE-560 024 3. AAYUSH SHARMA S/O AJAY KUMAR SHARMA AGED ABOUT 24 YEARS R/AT NO.4-502, AS PER TOWER NEAR COLLUMBIA ASIA HOSPITAL GODRES WOODSMAN ESTATE HEBBAL BANGALORE-560 024 …RESPONDENTS (BY SMT.DIVYA PURANDAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ORDER, DIRECTION, DIRECTING OR ANY WRIT, ORDER, RULE OR DIRECTION, DIRECTING THE RESPONDENT BANK TO BREAK OPEN THE SEAL AFFIXED ON THE PETITIONERS SCHEDULE PROPERTY, WHICH HAS BEEN SEALED BY THE RESPONDENT BANK. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:14501 WP No. 27154 of 2025 ORAL ORDER The present writ petition is filed seeking the following relief: PRAYER “Wherefore, in the light of the aforementioned fact and circumstances, the Petitioner above named most humbly prays that this Hon'ble Court may be pleased to:- i. Issue a writ of mandamus or any other writ, order, direction, directing or any writ, order, rule or direction, directing the Respondent-Bank to break open the seal affixed on the Petitioner's Schedule Property, which has been sealed by the Respondent Bank ii. Such other relief as this Hon'ble Court may deem fit in the facts and circumstances of the case in the interest of justice and equity.” 2. Learned counsel appearing for the petitioner submits that the petitioner is the purchaser of the property and has purchased the property in the year 2020. It is the case that neither he is a borrower nor a guarantor to the bank. It is submitted that in fact he has obtained the loan from another bank, by mortgaging the property. 3. Learned counsel appearing for the respondent/Bank submits that this property is mortgaged to the bank in the year - 4 - HC-KAR NC: 2026:KHC:14501 WP No. 27154 of 2025 2019 and the petition has an effective alternative remedy being a third party also to go before the DRAT. On 10.09.2025, a Co- ordinate bench of this Court has passed an interim order directing the respondents not to create any third party rights. 4. Notice to the R-2 and R-3 is not served. 5. Having heard the learned counsels on either side, perused the entire material on record. According to the petitioner, he is the third party to the proceedings between R- 1, R-2 and R-3. It is submitted that as such he has come before the Court. Even if he is a third party and he is aggrieved by any of the measures taken by the Bank under the SARFAESI Act, he has always at liberty to go before the DRT as two banks are involved. Making all of them parties, he can initiate the proceedings before the DRT. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioner to avail appropriate remedy. - 5 - HC-KAR NC: 2026:KHC:14501 WP No. 27154 of 2025 ii. The petitioner shall have the benefit under Section 14 of the Limitation Act, 1963. iii. As there is an interim order not to create any third party rights in force right from 10.09.2025 and the same interim order shall continue for period of two months from the receipt of copy of this order. iv. All pending I.A’s if any, in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 65