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2026 DAILYLAW 24841 (KAR)

MR. MOHAMMED NAUFEL BANGARA v. UNION BANK OF INDIA

WP/18166/2026 · 2026-06-30

Jyoti M

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:32322 WP No. 18166 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 18166 OF 2026 (GM-DRT) BETWEEN: 1. MR. MOHAMMED NAUFEL BANGARA, S/O. BANGARA ABOBAKKAR, AGED 48 YEARS, PROPRIETOR AT M/S. PLATINUM BRICKS AND TILES, NUTS COMPLEX, GOONADKA POST, SULLIA TALUK-574254. (REPRESENTED BY GPA HOLDER I.E., THE 2ND PETITIONER B.ABOBAKKAR GPA DATED 16.10.2015, PRODUCED) ALSO AT BANSON MANSION, CHOORI POST, RD NAGAR, KASARAGOD-671124. KERALA STATE. 2. MR. B.ABOBAKKAR, S/O. ABDUL RAHIMAN, AGE 78 YEARS, RESIDING AT PERADKA HOUSE, SAMPAJE VILLAGE, SULLIA TALUK-574254. ALSO AT BANSON MANSION, CHOORI POST, RD NAGAR, KASARAGOD-671124. KERALA STATE. …PETITIONERS (BY SRI. S.VICTOR MANOHARAN, ADVOCATE) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32322 WP No. 18166 of 2026 AND: UNION BANK OF INDIA, (ERSTWHILE CORPORATION BANK), SULLIA BRANCH, RAJARAM BUILDING, MAIN ROAD, SULLIA-574239, DAKSHINA KANNADA, REPRESENTED BY PRINCIPAL AND SENIOR MANAGER, MR. G.HAREESH, S/O. MURALIDHAR RAO, AGE 55 YEARS …RESPONDENT (BY SMT. DIVYA PURANDAR, ADVOCATE) 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 Sri.S.Victor Manoharan., counsel for the petitioners appeared in person. 2. The petition is filed seeking following reliefs. a) To issue a writ in the nature of certiorari to quash the impugned order dated:02.04.2026 passed in O.A.No.76/2021 by Debts Recovery - 3 - HC-KAR NC: 2026:KHC:32322 WP No. 18166 of 2026 Tribunal-I, Karnataka at Bengaluru, produced at Annexure-A. b) Issue such other writ order or direction as this Court deems fit and proper in the of fact of the case by allowing this writ petition in the interest of justice and equity. 3. Counsel for the petitioners urged several contentions. Heard the arguments and perused the papers with care. 4. Suffice it to note that the DRT vide order dated:02.04.2026 passed the final order. 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 petitioners have not exhausted the statutory remedy and have invoked the writ jurisdiction. As there is an alternate remedy as contemplated under Section 18 of the SARFAESI Act to approach DRAT. This Court declines to exercise the discretionary power under writ jurisdiction. The petitioners may approach the appropriate forum, if so advised and if the law permits. Accordingly, the writ petition is dismissed. - 4 - HC-KAR NC: 2026:KHC:32322 WP No. 18166 of 2026 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 MRP List No.: 1 Sl No.: 5