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2026 DAILYLAW 35307 (KAR)

M/S JINESH ASSOCIATES v. CANARA BANK

WP/35836/2025 · 2026-08-10

Jyoti M

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010771132025 NC: 2026:KHC:42236 WP No. 35836 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 35836 OF 2025 (GM-DRT) BETWEEN: 1. M/S. JINESH ASSOCIATES NO.14/5, 1ST FLOOR, GANESHA BLOCK, J.B.KAVAL, NANDINI LAYOUT MAIN ROAD, MAHALAKSHMI LAYOUT, BENGALURU-560 086, REPRESENTED BY ITS PROPRIETOR SRI. JINESH D., 2. SRI. JINESH D., S/O. DHARANENDRAIAH G., AGED ABOUT 52 YEARS, NO.14/5, 1ST FLOOR, GANESHA BLOCK, J.B.KAVAL, NANDINI LAYOUT MAIN ROAD, MAHALAKSHMI LAYOUT, BENGALURU-560 086. …PETITIONERS (BY SRI. JWALA KUMAR, ADVOCATE) AND: CANARA BANK, ARM-II BRANCH, 2ND FLOOR, CIRCLE OFFICE, SENSOR TOWERS, NO.86, M.G. ROAD, BENGALURU-560 001. …RESPONDENT (BY SRI. T.P.MUTHANNA, ADVOCATE) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010771132025 NC: 2026:KHC:42236 WP No. 35836 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 IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Jwala Kumar, counsel for the petitioners appeared in person. 2. This petition is filed to set aside the final order dated:31.07.2025 passed by the DRT-I, Karnataka at Bengaluru in O.A.No.415/2019 vide Annexure-K. 3. Counsel for the petitioners urged several contentions. Heard the arguments and perused the papers with care. 4. The DRT vide order dated 31.07.2025 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 petitioners have not exhausted the statutory remedy and have invoked the writ jurisdiction. As there is an - 3 - HC-KAR CNR: KAHC010771132025 NC: 2026:KHC:42236 WP No. 35836 of 2025 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 petitioners may approach the appropriate forum, if so advised and if the law permits. 5. 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.: 57