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2026 DAILYLAW 28683 (KAR)

THE SECRETARY v. KARNATAKA STATE FINANCIAL CORPORATION

WP/21549/2026 · 2026-07-16

Jyoti M

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010475362026 NC: 2026:KHC:36386 WP No. 21549 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 21549 OF 2026 (GM-DRT) BETWEEN: THE SECRETARY, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO.49, 4TH AND 5TH FLOOR, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560070. …PETITIONER (BY SRI. H.L.PRADEEP KUMAR, ADVOCATE) AND: 1. KARNATAKA STATE FINANCIAL CORPORATION, JAYANAGAR BRANCH, 8TH FLOOR, JAYANAGAR SHOPPING COMPLEX, 4TH BLOCK, JAYANAGAR, BENGALURU-560 022. BY ITS DEPUTY GENERAL MANAGER. 2. M/S. KINETIX SOLUTION PVT. LTD., REGISTERED UNDER INDIAN COMPANIES ACT, 2013, NO.1036, SRINIDHI PLAZA, IIND FLOOR, 14 C MAIN, BANASHANKARI, II STAGE, BENGALURU-560070, REPRESENTED BY ITS MANAGING DIRECTOR, SRI. UDAY PRAKASH BHAT. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010475362026 NC: 2026:KHC:36386 WP No. 21549 of 2026 3. SRI. UDAY PRAKASH BHAT, MANAGING DIRECTOR, M/S. KINETIX SOLUTION PVT. LTD., NO.1036, SRINIDHI PLAZA, IIND FLOOR, 14 C MAIN, BANASHANKARI, II STAGE, BENGALURU-560 070. 4. SRI. DEEPAK BHAT, DIRECTOR, M/S. KINETIX SOLUTION PVT. LTD., NO.1036, SRINIDHI PLAZA, IIND FLOOR, 14 C MAIN, BANASHANKARI, II STAGE, BENGALURU-560 070. 5. SMT. SHILPASHREE G., M/S. KINETIX SOLUTION PVT. LTD., FLAT NO. 2103, PRESTIGE SOUTH RIDGE APARTMENT, HOSKEREHALLI, BSK 3RD STAGE, BENGALURU-560 085. 6. SMT. CHAITRA NARASHIMHA BHAT, DIRECTOR, M/S. KINETIX SOLUTION PVT. LTD., NO.2113, PRESTIGE SOUTH RIDGE APARTMENT, HOSKEREHALLI, BSK 3RD STAGE, BENGALURU-560 085. 7. SRI. SANDEEP SUDHINDRA, CEO AND DIRECTOR, M/S. KINETIX SOLUTION PVT. LTD., NO.1036, SRINIDHI PLAZA, IIND FLOOR, 14 C MAIN, BANASHANKARI, IISTAGE, BENGALURU-560 070. - 3 - HC-KAR CNR: KAHC010475362026 NC: 2026:KHC:36386 WP No. 21549 of 2026 8. IDBI BANK LTD., SHAKTE COMFORT TOWER, 102, K.H. ROAD, BENGALURU-560 027. BY ITS AUTHORIZED OFFICER/ ASST. GENERAL MANAGER. …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: ORAL ORDER Sri.H.L.Pradeep Kumar, counsel for the petitioner appeared in person. 2. This petition is filed seeking following reliefs: (i) Call for the records in O.A.No.1793/2018 from the file of the Debts Recovery Tribunal - II, Bengaluru. (ii) Issue a writ of certiorari or any other appropriate writ, order or direction, quashing the order dated 16.06.2026 at Annexure-F passed in O.A.No.1793/18 by the Debts - 4 - HC-KAR CNR: KAHC010475362026 NC: 2026:KHC:36386 WP No. 21549 of 2026 Recovery Tribunal-II, Bengaluru, whereby the evidence of defendant No.7 came to be closed. (iii) Issue a writ, order or direction directing the Debts Recovery Tribunal - II, Bengaluru to receive and take on record the Examination-in- Chief by way of affidavit already filed by the defendant No.7 at Annexure-D, permit defendant No.7 to mark its documents and adduce evidence, and thereafter proceed with the matter in accordance with law. (iv) Pass such other order or orders as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity. 3. Counsel for the petitioner urged several contentions. Heard the arguments and perused the papers with care. 4. The petitioner's grievance is about the order passed by the DRT on 16.06.2026, wherein the Tribunal has declined the permission to adduce evidence and mark the documents. 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 - 5 - HC-KAR CNR: KAHC010475362026 NC: 2026:KHC:36386 WP No. 21549 of 2026 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. This Court declines to exercise the discretionary power. The petitioner may approach the appropriate forum, if so advised and if the law permits. 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 SS List No.: 1 Sl No.: 12