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2026 DAILYLAW 25504 (KAR)

SHRI R N NAGARAJA v. THE BENGALURU CITY CO OPERATIVE BANK LTD

WP/6420/2024 · 2026-07-02

Jyoti M

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:32860 WP No. 6420 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 6420 OF 2024 (GM-DRT) BETWEEN: SHRI. R.N.NAGARAJA, S/O. LATE R.NARAYANA, AGED ABOUT 51 YEARS, RESIDING AT NO.615, MOSQUE ROAD, 3RD CROSS, PEER KHAN STREET, NAZARBAD, MYSORE - 570010. …PETITIONER (PETITIONER - ABSENT) AND: 1. THE BENGALURU CITY CO-OPERATIVE BANK LTD., OFFICE AT NO.3, PAMPAMAHAKAVI ROAD, CHAMRAJPET, BENGALURU - 560018. REPRESENTED BY ITS AUTHORISED SIGNATORY SMT. VIMALA. 2. MR. GIRISH RAO K., S/O. VENKAT RAO, RESIDING AT NO.515, 2ND MAIN, 1ST CROSS, AGS LAYOUT, AREHALLI, NEAR AGS LAYOUT BUS STAND, BENGALURU - 560061. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32860 WP No. 6420 of 2024 3. MRS. JAYAMMA P., W/O. LATE R.NARAYANA, AGED ABOUT 75 YEARS, RESIDING AT NO. 615, MOSQUE ROAD, 3RD CROSS, PEER KHAN STREET, NAZARBAD, MYSORE - 570010. …RESPONDENTS (BY SRI. LOKESH K.V., ADVOCATE FOR R1; SRI. VIGNESH SHETTY, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Counsel for the petitioner has filed a memo dated:17.02.2026 stating that the petitioner has taken back all the papers to engage other counsel. A copy of the acknowledgment is also filed wherein the petitioner has acknowledged the receipt of all the papers relating to the writ petition. The petitioner has acknowledged the receipt of all the papers in January 2026, however, he has not made arrangements either to appear as a party in person or engaged the service of an other counsel. - 3 - HC-KAR NC: 2026:KHC:32860 WP No. 6420 of 2024 The memo is placed on record. Ordered accordingly. When the matter is called, there is no representation on behalf of the petitioner, either personally or through video conferencing. Sri.Vignesh Shetty, counsel for respondent No.2 appeared in person and Sri.Lokesh K.V., counsel for respondent No.1 appeared through video conferencing. 2. This petition is filed seeking following reliefs: (a) Pass a writ or order setting aside the order dated 19.01.2024 passed by the Debts Recovery Tribunal - II, Karnataka at Bengaluru in S.A.No.215/2023 (Annexure-A); (b) Pass any other/s this Hon'ble Court may deem fit considering the circumstances of the case. 3. The order of the DRT dated:19.01.2024 passed in S.A.215/2023 is called into question in this Writ Petition on several grounds as set-out in the Memorandum of Writ Petition. 4. The law is settled that any person aggrieved by the order of the DRT must file an appeal before DRAT. In the - 4 - HC-KAR NC: 2026:KHC:32860 WP No. 6420 of 2024 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. 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.: 19