M/S CHELUVAMBIKA PICTURES v. THE AUTHORIZED OFFICER
WP/14678/2026 · 2026-07-07
Jyoti M
body2026
DailyLaw.ai
[ 2026 DAILYLAW 26285 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 26285 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:33917 WP No. 14678 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 14678 OF 2026 (GM-DRT) BETWEEN:
1.
M/S. CHELUVAMBIKA PICTURES, NO.17, KRUTHI NILAYA, 1ST MAIN, 1ST CROSS, 1ST BLOCK, NEAR SHANMAHATMA TEMPLE, LAKSHMINAGAR, BASAVESHWARA NAGARA, BENGALURU-560086 (OLD ADDRESS), REPRESENTED BY ITS PROPERIETOR, MR. S.NARAYAN, S/O. SUBBAREDDY, AGED ABOUT 57 YEARS, RESIDING AT SIVAGANGA VILLAGE, SOMPHURA HOBLI, NELAMAGALA TALUKU, BENGALURU -562123.
2.
MRS. BHAGYAVATHI, W/O. S.NARAYAN, AGED ABOUT 50 YEARS RESIDENT OF SIVAGANGA VILLAGE, SOMPHURA HOBLI, NELAMAGALA TALUKU, BENGALURU -562123. …PETITIONERS (BY SRI. SHANKARAPPA, ADVOCATE)
AND:
THE AUTHORIZED OFFICER, KARNATAKA BANK LTD., ASSET RECOVERY MANAGEMENT BRANCH, NO.39/2,2ND FLOOR, ASVNV BHAVAN, OPP: FKCCI BUILDING,
Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:33917 WP No. 14678 of 2026
KEMPEGOWDA ROAD, BENGALURU-560009. …RESPONDENT
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.Shankarappa, counsel for the petitioners appeared in person.
2. Though the matter is listed today for preliminary hearing, it is heard.
3. This petition is filed seeking following reliefs: (a) Issue a writ of certiorari by quashing Annexure-B, the final order dated 30.05.2025 passed by the Debt Recovery Tribunal Karnataka - 1 at Bengaluru in S.A.No.13/2021 and issue writ of mandamus directing the respondents not to proceed regarding Annexure-A, the sale notice dated 17.12.2020 issued by the 1st respondent.
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HC-KAR NC: 2026:KHC:33917 WP No. 14678 of 2026
(b) Issue such other writ or directions as this Hon'ble Court deems fit to be granted in the facts and circumstances of the case in the interest of justice and equity.
4. Counsel for the petitioners urged several
contentions. Heard the arguments and perused the papers with care.
5. The DRT vide order dated 30.05.2025 passed 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.
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HC-KAR NC: 2026:KHC:33917 WP No. 14678 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
SS List No.: 1 Sl No.: 6