- 1 - HC-KAR CNR: KAHC010044712025 NC: 2026:KHC:38223 WP No. 2657 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 2657 OF 2025 (GM-DRT) BETWEEN: SHRI. G.SHIVASHANKAR, S/O. SHRI. GOVINDAIAH, AGED ABOUT 55 YEARS, RESIDING AT NO.252, 5TH CROSS, LAKSHMIPURA, KEMPEGOWDA NAGAR, BENGALURU-560 019. …PETITIONER (BY SRI. Y.HARIPRASAD, ADVOCATE) AND: 1. THE AUTHORIZED OFFICER, CANARA BANK (FORMERLY SYNDICATE BANK) GAVIPURAM BRANCH, NO.59/10, BASAPPA LAYOUT, GAVIPURAM EXTENSION, BENGALURU-560004. 2. SHRI. B.S.SHANKAR, PROP. J.S.GARMENTS, NO.3, GROUND FLOOR, KASTURBA NAGAR, ASHWATH KATTE ROAD, MYSORE ROAD, BENGALURU-560 026. …RESPONDENTS (BY SRI. ROHITH KASHYAP M.S., ADVOCATE FOR R1; VIDE COURT ORDER DATED 23.06.2025, NOTICE TO R2 DISPENSED WITH) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010044712025 NC: 2026:KHC:38223 WP No. 2657 of 2025 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.Y.Hariprasad., counsel for the petitioner appeared in person. 2. Though the matter is listed today for preliminary hearing, it is heard finally. 3. This petition is filed seeking following reliefs. (a) To quash the order dated:30.10.2024 passed by Hon'ble Debts Recovery Tribunal-II, Karnataka at Bengaluru, in case No.O.A.No.1705/2016 later numbered as TA No.2067/2017 ordering the respondent-1 at Annexure-L to recover from petitioner a sum of Rs.12,73,790.60 as on 31.03.2016 along with future interest at 6% per annum (simple) from 01.04.2016 till the date of realization. (b) Direct the respondent from refraining from coercive recovery action, in the interest of justice and equity. - 3 - HC-KAR CNR: KAHC010044712025 NC: 2026:KHC:38223 WP No. 2657 of 2025 4. Counsel for the petitioner urged several contentions. It has been vehemently contended on behalf of the petitioner that the petitioner is not a borrower and he is only a customer. Heard the arguments and perused the papers with care. 5. The DRT vide order dated 30.10.2024 passed the final order. 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. 6. Accordingly, the writ petition is dismissed. - 4 - HC-KAR CNR: KAHC010044712025 NC: 2026:KHC:38223 WP No. 2657 of 2025 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 MRP List No.: 1 Sl No.: 3