- 1 - HC-KAR CNR: KAHC010711562024 NC: 2026:KHC:44233 WP No. 33873 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 33873 OF 2024 (GM-DRT) BETWEEN: SRI S. VENKATARAM S/O. LATE SHIVAPPA, AGED ABOUT 68 YEARS, R/AT HIG-50, SUHAS NILAYA, 19 CROSS, KUVEMPU NAGARA, HASSAN, PIN-573 201. …PETITIONER (BY SRI. MADHUSUDHAN M N.,ADVOCATE) AND: 1. BANK OF MAHARASHTRA RAICHUR BRANCH, SHREYANS TOWER, M.G. ROAD, LOHARWADI, RAICHUR-584 102. REP. BY SENIOR BRANCH MANAGER, RAICHUR BRANCH, MR. SHIVAKUMAR SOPPIMATH, ALSO HAVING OFFICE AT NO. 17, 5TH 'A' BLOCK, 1ST CROSS, KORAMANGALA, BENGALURU-560 095. 2. MR. RAMNIVAS BOOB AGED ABOUT 63 YEARS, S/O. JAI KISHAN BOOB, AVAILABLE AT NO. 539, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010711562024 NC: 2026:KHC:44233 WP No. 33873 of 2024 VISHAL DEEP BANGIAPPA GARDEN AT LAYOUT, CHURCH ROAD, SHANTINAGAR, BENGALURU-560 027. 3. MR. BALKISHAN BOOB S/O. JAI KISHAN BOOB, AGED ABOUT 73 YEARS, AVAILABLE AT NO. 539, VISHAL DEEP BANGIAPPA GARDEN AT LAYOUT, CHURCH ROAD, SHANTINAGAR, BENGALURU-560 027. ALSO AVAILABLE AT FLAT NO. H-906, NO. 26/1, BRIGADE GATEWAY, DR. RAJKUMAR ROAD, BESIDE ORION MALL, MALLESHWARAM-RAJAJINAGAR, BENGALURU-560 055. 4. MR. VINOD KUMAR BOOB S/O. BALKISHAN BOOB, AGED ABOUT 49 YEARS, FLAT NO. H-906, NO. 26/1, BRIGADE GATEWAY, DR. RAJKUMAR ROAD, BESIDE ORION MALL, MALLESWARAM-RAJAJINAGAR, BENGALURU-560 055. ALSO AVAILABLE AT NO. 539, VISHAL DEEP BANGIAPPA GARDEN AT LAYOUT, CHURCH ROAD, SHANTINAGAR, BENGALURU-560 027. - 3 - HC-KAR CNR: KAHC010711562024 NC: 2026:KHC:44233 WP No. 33873 of 2024 5. MR. VISHAL KUMAR BOOB S/O. BALKISHAN BOOB, AGED ABOUT 48 YEARS, AVAILABLE AT NO.26/18/11, 4TH MAIN ROAD, 1ST CROSS, BEGUR ROAD, BOMMANAHALLI, BENGALURU-560 068. ALSO AVAILABLE AT FLAT NO. H-906, NO. 26/1, BRIGADE GATEWAY, DR. RAJKUMAR ROAD, BESIDE ORION MALL, MALLESHWARAM-RAJAJINAGAR, BENGALURU-560 055. 6. MR. VIKAS KUMAR BOOB S/O. BHAGAWANDAS BOOB, AGED ABOUT 45 YEARS, AT MPCL NO. 12-6-207, INDUSTRIAL AREA, HYDERABAD ROAD, RAICHUR-584 101. ALSO AVAILABLE AT NO.3-10-53, KRISHNA KRUPA, BEROON QUILLA, RAICHUR-584 101. 7. MRS. SHANKUNTALA BOOB W/O. RAMANIVAS BOOB, AGED ABOUT 60 YEARS, R/AT NO. 17, CHURCH ROAD, SHANTHINAGAR, BENGALURU-560 027. …RESPONDENTS (BY SRI. PRAKASHA HEGDE K.,ADVOCATE FOR R1; SRI. V.B. SHIVAKUMAR, ADVOCATE FOR R2 & R7; R5 SERVED & UNREPRESENTED) - 4 - HC-KAR CNR: KAHC010711562024 NC: 2026:KHC:44233 WP No. 33873 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER Sri.Madhusudhan M.N., counsel for the petitioner; Sri.Prakash Hegde K., counsel for respondent No.1; and Sri.V.B.Shivakumar, counsel for respondents Nos.2 and 7, appeared in person. 2. This petition is filed seeking the following reliefs: (i) Call for records on I.A.No.1272/2022 in O.A.No.1176/2017 from Debts Recovery Tribunal II, Karnataka, Bangalore. (ii) Issue writ of certiorari thereby quashing the impugned orders dated 08.10.2024 passed by the Debts Recovery Tribunal II, Karnataka at Bengaluru on I.A.No.1272/2022 in O.A.No.1176/2017 as per Annexure-H & J. - 5 - HC-KAR CNR: KAHC010711562024 NC: 2026:KHC:44233 WP No. 33873 of 2024 (iii) Pass such other writ/s or order/s or directions which are deemed to be fit on the facts and circumstances of the above case, in the interest of justice and equity. 3. Counsel for the respective parties advanced several contentions. Counsel for the petitioner argues that the petitioner is not the borrower but the purchaser of the property, which was not mortgaged by the borrowers to the bank. He further requests that the court consider granting the relief sought in the writ petition, supported by the grounds advanced. Conversely, counsel for respondent No.1 argues that the DRT has issued an order on an interim application. The petitioner has an alternative remedy by approaching the Appellate Authority, yet they chose to file a writ petition. The petition lacks merit and should be dismissed. 4. Heard the arguments and perused the papers with care. - 6 - HC-KAR CNR: KAHC010711562024 NC: 2026:KHC:44233 WP No. 33873 of 2024 5. The law is settled that any person aggrieved by 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. Instead of approaching the Appellate Authority, the petitioner has hurriedly approached this Court. As an alternate remedy is available under Section 18 of the SARFAESI Act to approach DRAT, this Court declines to exercise the discretionary power under the writ jurisdiction. The petitioner may approach the appropriate forum, if so advised and if the law permits. 6. Accordingly, the writ petition is dismissed. Because of the dismissal of the Writ Petition, any interim order stands discharged, and pending interlocutory applications, if any, are disposed of. Sd/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 21