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2026 DAILYLAW 26476 (KAR)

SRI NARENDRA BABU B K v. THE KARUR VYSYA BANK LTD.

WP/17967/2026 · 2026-07-06

Jyoti M

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:33521 WP No. 17967 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 17967 OF 2026 (GM-DRT) BETWEEN: SRI. NARENDRA BABU B.K., AGED ABOUT 55 YEARS, S/O. KRISHNAPPA S., R/AT NO.687, 9TH CROSS, BAGALAGUNTE, BENGALURU - 560 073. …PETITIONER (BY SRI. BHADRINATH, ADVOCATE FOR SRI. RAMESH KUMAR, ADVOCATE) AND: THE KARUR VYSYA BANK LTD., HEAD OFFICE AT ERODE, KARUR, BRANCH OFFICE AT: J.C. ROAD, ASHRAFF COMMERCIAL COMPLEX, J.C.ROAD, BENGALURU-560002. THROUGH ITS SENIOR BRANCH HEAD MR. ANANTH KRISHNA A., …RESPONDENTS 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: Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33521 WP No. 17967 of 2026 ORAL ORDER Sri.Badrinath, counsel on behalf of Sri.Ramesh Kumar V., for the petitioner 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 writ of Certiorari or any other appropriate writ, order or direction, quashing the impugned final order dated 27.04.2026 on the application under Section 19 of recovery of Debts and Bankruptcy Act, 1993 seeking of issuance of recovery certificate against the petitioner in Annexure-A. b) To grant such other relief as this Hon'ble Court deems fit to grant in the facts and circumstances, including the costs of the writ petition, in the interest of justice and equity. 4. Counsel for the petitioner urged several contentions. Heard the arguments and perused the papers with care. - 3 - HC-KAR NC: 2026:KHC:33521 WP No. 17967 of 2026 5. Suffice it to note that the DRT vide order dated:27.04.2026 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 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.: 5