- 1 - HC-KAR NC: 2026:KHC:32329 WP No. 9686 of 2023 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. 9686 OF 2023 (GM-DRT) BETWEEN: 1. SRI. R.NARAYANASWAMY, S/O. LATE B.RANGAPPA, AGED ABOUT 68 YEARS, RESIDING AT NO.83, 'BEERESHWARA NILAYA', KATARIPALYA, KOLAR-563101 AND ALSO AT M/S. ASHOKA WINES, NARASAPURA VILLAGE, KOLAR TALUK, KOLAR DISTRICT-563133. NO.1192, 'SHREYAS NILAYA' P.C. EXTENSION, KOLAR-563102. M/S. KADAMBA WINES PROPRIETOR NO.1192, 'SHREYAS NILAYA' P.C.EXTENSION, KOLAR-563102. 2. SMT. ANNAPURNA, W/O. SRI. R.NARAYANA SWAMY, AGED ABOUT 61 YEARS, RESIDING AT NO.83, 'BEERESHWARA NILAYA', KATARIPALYA KOLAR-563101. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32329 WP No. 9686 of 2023 …PETITIONERS (BY SRI. MUNIRAJA M., ADVOCATE) AND: THE AUTHORISED OFFICER, THE STATE BANK OF INDIA, ASSET RECOVERY MANAGEMENT BRANCH, II FLOOR, 'A' BLOCK, BKG COMPLEX, MYSORE BANK CIRCLE, AVENUE ROAD, BENGALURU-560009. …RESPONDENT (BY SRI. FRANCIS XAVIER, 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 IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Muniraja M., counsel for the petitioners and Sri.Francis Xavier, counsel for the respondent appeared in person. 2. This petition is filed seeking following reliefs: A) To Issue a Writ of Certiorari or any other appropriate Writ, Order or Direction to quash the impugned Order dated 05.04.2023 in Appeal S.A.No.233/2022 passed by the Hon'ble Debts Recovery Tribunal-II, - 3 - HC-KAR NC: 2026:KHC:32329 WP No. 9686 of 2023 Bengaluru and consequently quash the impugned Possession Notice dated 20.04.2022 issued by the Respondent Bank for the alleged recovery of outstanding dues in the loan accounts of the petitioners as per ANNEXURE-A & Q; AND; B) To Grant such other or further relief/s that this Hon'ble Court may deem fit and proper in the facts and circumstances of this case, including the cost of this proceedings, in the interest of justice. 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:05.04.2023 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 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 approach DRAT. Hence, I decline to exercise power under writ jurisdiction. Accordingly, the writ petition is dismissed. - 4 - HC-KAR NC: 2026:KHC:32329 WP No. 9686 of 2023 Because of dismissal the Writ Petition, interim order granted if any stands discharged and pending interlocutory SD/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 50