Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010498312026 NC: 2026:KHC:42689 WP No. 22416 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 22416 OF 2026 (GM-DRT) BETWEEN:
SMT. BOBBY R.C., W/O. SRI PRASHANTH, AGED ABOUT 50 YEARS, R/AT NO.308, 14TH CROSS, 7TH MAIN ROAD, R.M.V. 2ND STAGE, BENGALURU-560094. …PETITIONER (BY SMT. D.KAVITHA, ADVOCATE FOR SRI. SOMASHEKHARAIAH R.P., ADVOCATE)
AND:
1.
M/S. PUNJAB NATIONAL BANK, [CONSTITUTED AND GOVERNED UNDER THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT, 1970] BO: SASTRA DEPARTMENT CIRCLE OFFICE, BENGALURU EAST, RAHEJA TOWERS, 1ST FLOOR, NO.26-27, M.G. ROAD, BENGALURU-560001.
IFSC PUNB0382400 REPRESENTED BY ITS AUTHORIZED OFFICER, SRI. E.SHIVAKUMARUI.
2.
SRI. SANTHOSH C.N., S/O. C.N.NEELAKANTAPPA, AGED ABOUT 40 YEARS,
Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010498312026 NC: 2026:KHC:42689 WP No. 22416 of 2026
HEDDARAVALLI, ANKIHALLI POST, BELUR TALUK, HASSAN DISTRICT - 573201.
…RESPONDENTS (BY SRI. S.R.NARAYANAPPA, ADVOCATE FOR SRI. S.B.KRISHNA, 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
Smt.D.Kavitha counsel on behalf of Sri.R.P.Somashekaraiah, for the petitioner
and Sri.Narayanappa and Sri.S.B.Krishna, counsel for respondent No.1 appeared in person.
2. This petition is filed seeking following reliefs: (a) Issue a writ of certiorari quashing the conditional interim order dated 03.06.2026 passed by the Hon'ble Debts Recovery Tribunal-I, Bengaluru in S.A.No.344/2026 vide Annexure-K insofar as it directs the
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HC-KAR
CNR: KAHC010498312026 NC: 2026:KHC:42689 WP No. 22416 of 2026
petitioner to deposit a sum of Rs.43,25,800/- as a condition for grant of interim protection; (b) Issue a writ of mandamus by directing the respondent bank not to take any action against the petitioner property "C" schedule until clarification get it done by the respondent bank from the court of law. (c) Issue a writ of mandamus by directing the respondent bank that the interim protection granted by the Hon'ble Debts Recovery Tribunal - I, Bengaluru against the Section 14
Order dated 10.01.2024 passed in Crl.Misc.No.7204/2023 shall continue without insisting upon the deposit of Rs.43,25,800/-, pending disposal of S.A.No.344/2026; Annexure-D. (d) Issue such further writ, order or direction restraining the respondents, their agents, servants or anybody claiming through or under them from interfering with the petitioner's peaceful possession and enjoyment of the schedule C property, which does not form part of the secured asset, pending disposal of S.A.No.344/2026;
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HC-KAR
CNR: KAHC010498312026 NC: 2026:KHC:42689 WP No. 22416 of 2026
(e) Grant such other order or relief as this Hon'ble Court deems fit and proper in the facts and circumstances of the case, in the interest of justice and equity.
3. Counsel for the respective parties urged several
contentions. Heard the arguments and perused the papers with care.
4. The DRT, vide order dated 03.06.2026, adjudicated an interim application. It is well settled that any person aggrieved by an order passed by the DRT has a statutory remedy of appeal before the DRAT under Section 18 of the SARFAESI Act. In the present case, the petitioner has failed to exhaust the said statutory remedy and has instead invoked the writ jurisdiction of this Court. In view of the availability of an efficacious alternative remedy before the DRAT, this Court declines to exercise its discretionary jurisdiction under Article 226 of the Constitution. The petitioner is at liberty to approach the appropriate forum, if so advised and subject to the remedies available in law.
5. Accordingly, the writ petition is dismissed.
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HC-KAR
CNR: KAHC010498312026 NC: 2026:KHC:42689 WP No. 22416 of 2026
Because of dismissal of 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.: 14