Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010208992024 NC: 2026:KHC:37348 WP No. 11000 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 11000 OF 2024 (GM-DRT) BETWEEN:
MR. K.GANESH RAO, S/O. KRISHNAJI RAO, AGED ABOUT 64 YEARS, R/AT NO.339/3, 3RD MAIN ROAD, GOKULA 1ST STAGE, II PHASE, MATHIKERE, BENGALURU-560054. …PETITIONER (BY SRI. PASHA, ADVOCATE SRI. MOHAMED NASIRUDDIN, ADVOCATE)
AND:
1. THE BRANCH MANAGER, BANK OF BARODA, BORADA BHAVAN, R.C.DUTT ROAD, ALKAPURI, VADODARA, GUJARAT-390007. 2. MR. MANOJ KARTHIKEYAN VARMA, R/AT NO.B008, RAJALAKSHMI KUTEERA, 10-A MAIN, 17TH CROSS, MALLESHWARAM, BENGALURU-560003. 3. MISS. S.NAGASHREE, D/O. SHIVANNA, AGED ABOUT 30 YEARS, R/AT HIG-20, 6TH MAIN, ALANAHALLI LAYOUT, ALANAHALLI POST, MYSORE-570028. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010208992024 NC: 2026:KHC:37348 WP No. 11000 of 2024
4. MRS. SUDHA RAJASHEKAR VARMA, D/O APPU KAREKATTU, AGED ABOUT 49 YEARS, R/AT NO.B008, RAJALAKSHMI KUTEERA, 10TH A MAIN, 17TH CROSS, MALLESHWARAM, BENGALURU-560003. …RESPONDENTS (BY SMT. PREETHU, ADVOCATE FOR SRI. VIGNESH SHETTY, ADVOCATE FOR R1)
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.Pasha, counsel on behalf of Sri.Mohamed Nasiruddin, for the petitioner and Smt.Preethu, counsel on behalf of Sri.Vignesh Shetty, for respondent No.1 appeared in person. 2. This petition is filed to set aside the order dated:22.05.2023 passed by the DRT in O.A.No.975/2018. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the papers with care. - 3 -
HC-KAR
CNR: KAHC010208992024 NC: 2026:KHC:37348 WP No. 11000 of 2024
4. The DRT vide order dated 22.05.2023 passed order on an interim application. The law is settled that any person aggrieved by the any 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. This Court declines to exercise the discretionary power under writ jurisdiction. 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.: 11