Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010499362024 NC: 2026:KHC:40526 WP No. 24268 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 24268 OF 2024 (GM-DRT) BETWEEN:
SRI. DEEPIT PATIL, S/O. SHIVANAGOUDA PATIL, AGED ABOUT 21 YEARS, C/O. RACHANNA KANBUR, CHANDAN SHIV COLONY, MUDHOL, MUDHAOL TALUK, BAGALKOT DISTRICT-587313. …PETITIONER (BY SRI. N.NAGARAJA, ADVOCATE - ABSENT)
AND:
1.
CANARA BANK, HAVING ITS HEAD OFFICE AT BENGALURU AND BRANCH AMONG OTHER PLACE AT MALLESHWARAM, 18TH CROSS, BENGALURU, KARNATAKA-560002.
REPRESENTED BY GENERAL MANAGER.
2.
KAVYA PATIL, D/O. SHIVANAGOUDA T PATIL, AGED ABOUT 27 YEARS, 702, DONATA MARVEL APARTMENTS, 21, SUNDARNAGAR, GOKUL EXTENSION, BENGALURU, KARNATAKA-560054.
3.
SHIVANAGOUDA T PATIL, S/O. LATE T.H.PATIL, AGED ABOUT 60 YEARS, 702, DONATA MARVEL APARTMENTS,
Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010499362024 NC: 2026:KHC:40526 WP No. 24268 of 2024
21, SUNDARNAGAR, GOKUL EXTENSION, BENGALURU, KARNATAKA-560054.
4. R.T.KULKARNI, S/O. THIMMAJI RAO KULKARNI, AGED ABOUT 63 YEARS, 115/4, 4TH MAIN ROAD, BETWEEN 9TH AND 10TH CROSS, NEAR BP INDIAN SCHOOL, MALLESHWARAM, BENGALURU, KARNATAKA-560003. …RESPONDENTS (BY SRI. RAMANANDA ACHAR, 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 IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
When the matter is called, there is no representation on behalf of the petitioner, either personally or through video conferencing.
2. This petition is filed to set aside the final order dated:28.06.2024 passed by the DRT-1, Karnataka, Bengaluru in O.A.No.971/2020 vide Annexure-C.
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HC-KAR
CNR: KAHC010499362024 NC: 2026:KHC:40526 WP No. 24268 of 2024
3. The DRT vide order dated 28.06.2024 passed 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.
4. 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
MRP List No.: 1 Sl No.: 49