- 1 - HC-KAR CNR: KAHC010612362023 NC: 2026:KHC:41858 WP No. 26488 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 26488 OF 2023 (GM-DRT) BETWEEN: NAGARAJ H., S/O. HANUMANNA, AGED ABOUT 36 YEARS, NO.T5, SHIVAGANGA SILVER LINE, 'A' BLOCK, OPP. KSIT COLLEGE, RAGHUVANAHALLI, BENGALURU-560062. …PETITIONER (BY SRI. K.S.MALLIKARJUNAIAH, ADVOCATE) AND: 1. M/S. REPCO HOME FINANCE LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT, 2013 CORPORATE OFFICE AT ALEXANDER SQUARE 3RD FLOOR, OLD NO.34/35, NEW NO.2, SARDAR PATEL ROAD, GUINDY, CHENNAI-600032. REPRESENTED BY ITS MANAGING DIRECTOR, ALSO AT, REGIONAL HEAD OFFICE AT REPCO HOME FINANCE LTD., 109, FIRST FLOOR, A-WING, MITTAL TOWER, M.G.ROAD, BENGALURU-560001. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010612362023 NC: 2026:KHC:41858 WP No. 26488 of 2023 2. MR. RAMESH Y., S/O. YELLAPPA, AGED MAJOR, R/AT NO.467/1, SARJAPURA ROAD, TILAK NAGAR, ATTIBELE TOWN, ANEKAL TALUK, BENGALURU-562107. …RESPONDENTS (BY SRI. N.SURESHA, ADVOCATE FOR R1; SRI. T.NAGARAJ, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.K.S.Mallikarjunaiah, counsel for the petitioner, Sri.N.Suresha, counsel for respondent No.1 and Sri.T.N.Nagaraj, counsel for respondent No.2 appeared in person. 2. This petition is filed seeking following reliefs: (i) The petitioner prays that this Hon'ble Court be pleased to set aside the impugned judgment dated 19.10.2023 passed in S.A.No.141/2020 by the Debt Recovery Tribunal-II, Karnataka - 3 - HC-KAR CNR: KAHC010612362023 NC: 2026:KHC:41858 WP No. 26488 of 2023 at Bangalore vide Annexure-A against the petitioner. (ii) Grant such other and further relief/s as may be just and necessary in the interest of justice and equity. 3. This petition is filed to set aside the order dated:19.10.2023 passed by the DRT in S.A.No.141/2020. 4. Counsel for the respective parties urged several contentions. Heard the arguments and perused the papers with care. 5. The DRT vide order dated 19.10.2023 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. - 4 - HC-KAR CNR: KAHC010612362023 NC: 2026:KHC:41858 WP No. 26488 of 2023 6. 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.: 28