- 1 - HC-KAR CNR: KAHC010375232025 NC: 2026:KHC:46774 WP No. 16767 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 16767 OF 2025 (GM-DRT) BETWEEN: DEVESH AGARWAL, SON OF LATE MITHAN LAL AGARWAL, AGED 52 YEARS, RESIDENT OF NO.273, RAJANIGANDHA APARTMENTS NO.21, VITTAL MALLAYA ROAD, BENGALURU-560001. …PETITIONER (BY SRI. XAVIER MARIA JOSEPH, ADVOCATE - ABSENT) AND: 1. DEBTS RECOVERY TRIBUNAL -1, CUBBON PARK, BEHIND BENGALURU GENERAL POST OFFICE, LORD CUBBON ROAD, BENGALURU-560002 REPRESENTED BY ITS REGISTRAR. 2. UNION OF BANK OF INDIA (ERSTWHILE ANDHRA BANK) N.R. ROAD, BENGALURU-560002 REPRESENTED BY ITS CHIEF MANAGER. 3. PRIDHIV ASSET RECONSTRUCTION AND SECURITISATION COMPANY LIMITED, REGISTERED OFFICE AT NO.1-55, 4TH FLOOR, WING-I, RAJAPRASADAMU, MASJID ROAD, HYDERABAD - 500 084 Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010375232025 NC: 2026:KHC:46774 WP No. 16767 of 2025 REPRESENTED BY ITS VICE-PRESIDENT. 4. UNITED GALVA PRIVATE LIMITED, NO.126-B, 3RD STAGE, MUNDARGI INDUSTRIAL ESTATE, BELLARY- 583101, REPRESENTED BY ITS MANAGING DIRECTOR. 5. THE RECOVERY OFFICER-1, DEBTS RECOVERY TRIBUNAL - I, CUBBON PARK, BEHIND BENGALURU GENERAL POST OFFICE, LORD CUBBON ROAD, BENGALURU-560002. …RESPONDENTS (BY SRI. FRANCIS XAVIER, ADVOCATE FOR C/R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 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 Though matter called twice, there is no representation on behalf of the petitioner. Mr.Francis Xavier, counsel for caveator / respondent No.3 appeared in person. - 3 - HC-KAR CNR: KAHC010375232025 NC: 2026:KHC:46774 WP No. 16767 of 2025 2. This petition is filed seeking following reliefs: (i) In complying with the principles that an act of court shall prejudice no man and on the principle that fraud (WP Para 12) and justice cannot dwell together, issue a certiorarified mandamus to quash Annexure-Q, the order dated 22-07-2024 passed by Respondent No.1- Learned DRT, Bengaluru in IA No.1399 of 2023 in Miscellaneous Application No.14 of 2023 in unregistered Miscellaneous Application Dy No. 2195 of 2020 in Original Application No.237 of 2012 and restore Annexure- N the Petitioner's Miscellaneous Application No.14 of 2023 on Board of the Respondent No.1, the Learned Debts Recovery Tribunal, for its consideration as was requested by this Hon'ble High Court by order dated 20-07-2023 in W.P.No.15948 of 2023 vide Annexure- P. (ii) Issue a writ of mandamus to consider the petitioner's Miscellaneous Application- ANNEXURE- L in Dairy No.2195 of 2020, maintained before the Learned DRT, Bengaluru urging the ground of fraud, mischief (W.P.Para 12) played by Respondent Bank as was permitted by this Hon'ble High Court vide order dated 19-11-2020 at Annexure-K in W.P.No.50025 of 2019; (iii) That in view of petitioner not having been a guarantor to the loan availed by Respondent No. 4 as evident from Annexure- H, the affidavit evidence - 4 - HC-KAR CNR: KAHC010375232025 NC: 2026:KHC:46774 WP No. 16767 of 2025 of Respondent Bank in OA No.237 of 2012 and Annexure-J, the list of documents in the said OA No.237 of 2012, issue an appropriate writ for the discharge of petitioner from liability to Respondent - Bank; (iv) Issue any other order as deem fit and proper in the circumstances the present case and to allow this petition with costs; 3. The DRT has passed the final order on 22.07.2024. Against the impugned order, the statutory remedy is available by approaching the Appellate Tribunal. Hence, there is no need to exercise the discretionary powers under writ jurisdiction. The petitioner may approach the Appellate Tribunal if so advised and if the law permits. 4. Accordingly, the writ petition is dismissed. 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