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2026 DAILYLAW 29980 (KAR)

SMT.BINDHU SHIVAKUMAR v. THE AUTHORISED OFFICER

WP/14081/2025 · 2026-07-21

Jyoti M

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010324312025 NC: 2026:KHC:37350 WP No. 14081 of 2025 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. 14081 OF 2025 (GM-DRT) BETWEEN: SMT. BINDHU SHIVAKUMAR, NO.41, 3RD CROSS, AKSHAYANAGARA, YELENAHALLI CROSS, BEGUR, BOMMANAHALLI, BENGALURU-560068. …PETITIONER (BY SMT. RENUKA DEVI PATIL, ADVOCATE FOR SRI. M.A. RAJENDRA, ADVOCATE) AND: THE AUTHORISED OFFICER THE BANGALORE CITY CO-OPERATIVE BANK LTD., NO.3, 1ST FLOOR, PAMPAMAHAKAVI ROAD, CHAMRAJPETE, BENGALURU-560018. …RESPONDENT 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 CNR: KAHC010324312025 NC: 2026:KHC:37350 WP No. 14081 of 2025 ORAL ORDER Smt.Renuka Devi Patil, counsel on behalf of Sri.M.A.Rajendra, for the petitioner appeared in person. 2. This petition is filed seeking following reliefs: (a) To set aside and quash the impugned order dated 24.04.2025 passed by the Hon'ble Debt Recovery Tribunal II at Bengaluru in S.A.No.227/2024 (Annexure-A) consequentially also set aside the impugned order passed by the Hon'ble CJM dt: 03.10.2024 in Crl.Misc.No.8342/2023 and all further measures, till disposal of the petition in the interest of justice and equity. The copy of the order passed by CJM (Annexure-D). (b) Issue such other appropriate writ order or direction as this Hon'ble Court deems fit to grant in the interest of justice and equity including the award of costs of this writ petition. 3. Counsel for the petitioners urged several contentions. Heard the arguments and perused the papers with care. 4. The DRT vide order dated 24.04.2025 disposed of the appeal. The law is settled that any person aggrieved by the any order of the DRT must file an appeal before DRAT. In the - 3 - HC-KAR CNR: KAHC010324312025 NC: 2026:KHC:37350 WP No. 14081 of 2025 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. Furthermore, the order passed under Section 14 of the SARFAESI Act cannot be questioned under writ jurisdiction, as there is an alternate remedy of filing an appeal before the DRT. The litigants are not remediless, as the Tribunal has been established specifically to adjudicate the lis. 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.: 13