- 1 - HC-KAR NC: 2026:KHC:32095 WP No. 9423 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 9423 OF 2026 (GM-DRT) BETWEEN: SMT. GIRIJAMMA, W/O. LATE R.C.GOWDA, AGED ABOUT 73 YEARS, R/AT 1ST FLOOR, NO.308, 14TH CROSS, 5TH MAIN ROAD, HIG HOUSE, RMV 2ND STAGE, BENGALURU-560 094. …PETITIONER (BY SMT. KAVITHA D., ADVOCATE) AND: 1. M/S. PUNJAB NATIONAL BANK, ASSET RECOVERY MANAGEMENT BRANCH, 26-27, RAHEJA TOWERS, M.G. ROAD, BENGALURU - 560 001. SOL ID 819100 IFSC PUNB0679300 ALSO AT M/S. PUNJAB NATIONAL BANK, J.P. NAGAR BRANCH, NO.218, 9TH CROSS, J.P. NAGAR, 2ND PHASE, KSRTC LAYOUT, BENGALURU - 560 078. IFSC PUNB0159400 REPRESENTED BY ITS CHIEF MANAGER/AUTHORIZED OFFICER Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32095 WP No. 9423 of 2026 2. SMT. BOBBY R.C., W/O. SRI. PRASHANTH, R/AT NO.308, 14TH CROSS, 7TH MAIN ROAD, R.M.V. 2ND STAGE, BENGALURU-560 094. 3. SRI. SANTHOSH C.N., S/O. C.N.NEELAKANTAPPA, AGED ABOUT 30 YEARS, HEDDARAVALLI, ANIKIHALLI POST, BELUR TALUK, HASSAN DISTRICT - 573 201. …RESPONDENTS (BY SRI. S.R.NARAYANAPPA, ADVOCATE FOR C/R1) 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, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Smt.Kavitha D., counsel for the petitioner and Sri.S.R.Narayanappa, counsel for caveator / respondent No.1 appeared in person. 2. This petition is filed seeking following reliefs: a) Issue writ of Certiorari by setting aside the case Diary No.2884/2025 was dismissed for delay on 10-03-2026 by the Hon'ble DRT-I Presiding Officer at Bengaluru vide ANNEXURE Ν. - 3 - HC-KAR NC: 2026:KHC:32095 WP No. 9423 of 2026 b) Issue writ of mandamus to the Respondent No.1 Bank to consider the Undertaking Affidavit dated 10-02-2026 submitted by the Petitioner before the Hon'ble DRT-I at Bengaluru vide ANNEXURE - M, and permit the Petitioner to continue to reside in the Schedule 'B' Property till 24-08-2026, in terms of the said undertaking; c) Issue such other orders or direction/s as may be deemed fit to grant, including cost of the case, in view of facts and circumstances of this above case 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 vide order dated:10.03.2026 passed the order on an interim application. The law is settled that any person aggrieved by the order of the DRT must file an appeal before DRAT. In the present case, the petitioner has not exhausted the statutory remedy and has invoked the writ jurisdiction. As there is an alternate remedy as contemplated under Section 18 of the SARFAESI Act to - 4 - HC-KAR NC: 2026:KHC:32095 WP No. 9423 of 2026 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 SS List No.: 1 Sl No.: 3