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2026 DAILYLAW 25538 (KAR)

SRI BYLE GOWDA v. THE CANARA BANK

WP/9897/2026 · 2026-07-01

Jyoti M

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:32613 WP No. 9897 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 9897 OF 2026 (GM-DRT) BETWEEN: 1. SRI. BYLE GOWDA, S/O. BYLAPPA GANGABYLAIAH, AGED ABOUT 54 YEARS, 2. SMT. SHASHIKALA N., W/O. BYLE GOWDA, AGED ABOUT 50 YEARS, BOTH ARE RESIDING AT NO.1430, 10TH MAIN, HOSAHALLI, VIJAYANAGARA, BENGALURU-560040. …PETITIONERS (BY SRI. NARAYANA SWAMY P.M., ADVOCATE) AND: THE CANARA BANK, ONE OF ITS BRANCH AT P.C. ROAD, NO.20/1(36), BETTA CHAMBERS, 5HT MAIN ROAD, 4TH CROSS, P.C.ROAD,CHAMRAJPET, BENGALURU-560018. REP BY ITS SENIOR.MANAGER, MR.RAVI SHANKAR PRITAM. …RESPONDENT Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32613 WP No. 9897 of 2026 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.Narayana Swamy.P.M., counsel for the petitioners appeared in person. 2. The petition is filed seeking following reliefs. a) Issue a writ of certiorari or any other appropriate writ, order or direction, quashing the impugned final order dated:29.09.2025 on the application under Section 19 of recovery of Debts and Bankruptcy Act, 1993, seeking for issuance of recovery certificate against the petitioners against the schedule property in Annexure-A. b) To grant such other relief as this Court deems fit to grant in the facts and circumstances, including the costs of the writ petition, in the interest of justice and equity. - 3 - HC-KAR NC: 2026:KHC:32613 WP No. 9897 of 2026 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:29.09.2025 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. 5. 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 MRP List No.: 1 Sl No.: 4