Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:34205 WP No. 19036 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 19036 OF 2026 (GM-DRT) BETWEEN:
1. SRI. V.RAJA BABU, S/O. LATE VENKATASWAMY BOVI, AGED ABOUT 48 YEARS,
2. SRI. V.MURALI MOHAN, S/O. LATE VENKATASWAMY BOVI, AGED ABOUT 39 YEARS,
PETITINER NOS.1 AND 2 ARE R/O. OLAGERANAHALLI VILLAGE, GUDIPALLI PANCHAYATH, MULBAGAL TALUK, KOLAR-563 132. …PETITIONERS (BY SRI. CHANDRASHEKARA K., ADVOCATE)
AND:
1. CANARA BANK, DASARAHOSAHALLI BRANCH, BHANGARAPETE TALUK, KOLAR-563 114. REPRESENTED BY ITS MANAGER. 2. SRI. MARAPPA, S/O. LATE VENKATASWAMY BHOVI, OLAGERANAHALLI VILLAGE, GUDIPALLI PANCHAYATHM, MULBAGAL TALUK, KOLAR-563 132. …RESPONDENTS
Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:34205 WP No. 19036 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.Chandrashekara K., 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: (i) Issue a Writ in the nature of Certiorari or any other writ quash the order dated 27.03.2026 passed by Debts Recovery Tribunal - II, Bangalore on I.A.No.2879/2025 in O.A.No.1061/2025 at Annexure-A. (ii) Pass such other order which deems fit to grant under the circumstances of case, in the interest of justice and equity. - 3 -
HC-KAR NC: 2026:KHC:34205 WP No. 19036 of 2026
4. Counsel for the petitioners urged several contentions. Heard the arguments and perused the papers with care. 5. Suffice it to note that the DRT vide order dated:27.03.2026 passed the order on an interim application and dismissed the application. 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 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
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