- 1 - HC-KAR NC: 2026:KHC:18849 WP No. 6617 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 6617 OF 2024 (GM-DRT) BETWEEN: MR B SHANKARA S/O LATE BANGAIAH AGED ABOUT 48 YEARS R/A NO.303, 3RD FLOOR, EVERJOY SREERANGA THEJAS, UTTARAHALLI VILLAGE, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK- 560061 …PETITIONER (BY SRI. MOHAMMED ATIF, ADVOCATE FOR SRI. RAJENDRA M A., ADVOCATE) AND: 1. MAHAGANAPATHI SOUDHARDA PATTINA SAHAKARA NIYAMITHA NO.38/2, SRI RAMA KRUPA N A T STREET, BASAVANAGUDI BENGALURU-560004 IT IS A CO-OPERATIVE BANKING INSTITUTION REGISTERED UNDER THE KARNATAKA STATE CO-OPERATIVE SOCITIES ACT, ALSO GOVERED UNDER THE PROVISIONS OF BANKING REGULATION ACT, 1949 R/W BANKING REGULATION (CO-OPERATIVE Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18849 WP No. 6617 of 2024 SOCITIES- 1966) REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, SRI C K MANJUNATH, S/O MR C A KESHAVAMURTHY, AGED ABOUT 62 YEARS, 2. MR PRASHANTH SINGH J, AGED ABOUT 35 YEARS, S/O LATE JAIRAJ SINGH, R/A NO.490, 2ND CROSS BHARATH HOUSING SOCIETY LAYOUT, VISHNUVARDHAN ROAD, SUBRAMANYAPURA POST, BENGALURU- 560061. 3. MR PUNEETH SINGH J, AGED ABOUT 34 YEARS, S/O LATE JAIRAJ SINGH, R/A NO.490, 2ND CROSS BHARTH HOUSING SOCIETY LAYOUT, VISHNUVARHAN ROAD, SUBRAMANYAPURA POST, BENGALURU- 560061. …RESPONDENTS (BY SMT. PRASANNA KUMARI.M.G., ADVOCATE FOR R1) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH / SET ASIDE THE IMPUGNED ORDERS PASSED BY THE II ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU CITY IN CRL.MISC.NO.5336/2023, DTD. 16.02.2024 (ANNX-A). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:18849 WP No. 6617 of 2024 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following payers: "(A) QUASH/SET ASIDE the impugned orders passed by the II Additional Chief Metropolitan Magistrate, Bengaluru City, in Crl. Misc.No.5336/2023, dated 16th February, 2024 (ANNEXURE - "А" ). (B) Grant such other relief, which this Hon'ble Court deems fit under the facts and circumstance and on question of law, as stated Supra and in the interest of justice." 2. The writ petition is of the year 2024. The writ petition is filed against the respondent M/s. Mahaganapathi Soudharda Pattina Sahakara Niyamitha and others, which is a private finance company. In the light of the law laid down by the Hon’ble Supreme Court in Phoenix ARC Private Limited vs. Vishwa Bharati Vidya Mandir & Others, in Civil Appeal - 4 - HC-KAR NC: 2026:KHC:18849 WP No. 6617 of 2024 Nos.257-259 of 2022, a writ petition against the private financial institution is not maintainable. 3. The Co-ordinate Bench of this Court, by order dated 11.03.2024, granted an interim stay as prayed for in favour of the petitioner. 4. Learned counsel for the petitioner submits that the petitioner has an effective alternative remedy before the DRT and seeks liberty to avail the same. 5. Hence, the writ petition is liable to be dismissed as not maintainable. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of, giving liberty to the petitioner to avail the appropriate remedy. ii. The petitioner shall have the benefit of Section 14 of the Limitation Act. iii. In view of the interim order granted earlier, the same shall continue for a - 5 - HC-KAR NC: 2026:KHC:18849 WP No. 6617 of 2024 period of 4 weeks from the date of receipt of a copy of this order iv. Pending IAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 12