- 1 - HC-KAR CNR: KAHC010654142026 NC: 2026:KHC:52094 WP No. 29972 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 29972 OF 2026 (GM-DRT) BETWEEN: 1. M/S.GEMINI STEEL TUBES LTD. A COMPANY INCORPORATED UNDER THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT NO.55, KIADB INDUSTRIAL AREA, CHINTAMANI ROAD, HOSKOTE, BANGALORE - 562 114, REPRESENTED BY ITS MANAGING DIRECTOR MR. VINOD A. GUPTA 2. MR.VINOD A. GUPTA AGED ABOUT 78 YEARS, RESIDING AT NO. 22, ORCHARD APARTMENTS, SANKEY ROAD, SADASHIVNAGAR, VYALIKAVAL, BANGALORE - 560 001 …PETITIONERS (BY SRI. RUDRABHUSHAN C.B., ADVOCATE) AND: 1. KOTAK MAHINDRA BANK LIMITED (FORMERLY ING VYSYA BANK LTD.), A COMPANY INCORPORATED UNDER THE COMPANIES ACT, HAVING ITS ARM BRANCH OFFICE AT - 2 - HC-KAR CNR: KAHC010654142026 NC: 2026:KHC:52094 WP No. 29972 of 2026 HARA CHAMBERS, 22, KH ROAD, BANGALORE - 560 027, REPRESENTED BY ITS BRANCH HEAD/ AUTHORISED OFFICER 2. MR. RAVINDRA KUMAR AGARWAL NO.55, KIADB INDUSTRIAL AREA, CHINTAMANI ROAD, HOSKOTE, BANGALORE - 562 114 AND ALSO RESIDING AT NO. 504/507, SILVER OAKS GARDEN APARTMENTS, VITTAL MALLYA ROAD, BANGALORE - 560 001 3. RAJAN AGGARWAL S/O. RAVINDRA KUMAR AGARWAL, AGED ABOUT 40 YEARS, RESIDING AT NO. 504-507, SILVER OAKS GARDEN APARTMENTS, VITTAL MALLYA ROAD, BANGALORE - 560 001 4. BHUSHAN POWER AND STEEL LTD. (I) BANGALORE OFFICE NO. 937, 1ST FLOOR, 16TH MAIN ROAD, 2ND STAGE, BTM LAYOUT, BANGALORE - 560 076 (II) HEAD OFFICE NO. 3, INDUSTRIAL AREA, PHASE-I, CHANDIGARH - 160 002 …RESPONDENTS - 3 - HC-KAR CNR: KAHC010654142026 NC: 2026:KHC:52094 WP No. 29972 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING AND SETTING ASIDE THE ORDER DATED 12.06.2026 PASSED BY THE HONBLE DEBTS RECOVERY TRIBUNAL-II, BENGALURU, IN I.A. NO. 2664 OF 2025 IN TA NO. 148 OF 2017 (PRODUCED HEREWITH AS ANNEXURE-A). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present writ petition is filed seeking for the following reliefs: "a) Issue a writ of certiorari or any other appropriate writ, order or direction quashing and setting aside the order dated 12.06.2026 passed by the Hon'ble Debts Recovery Tribunal-II, Bengaluru, in I.A. No.2664 of 2025 in TA No.148 of 2017 (produced herewith as Annexure-A); b) Consequently allow I.A.No.2664 of 2025 vide Annexure-G filed by the petitioners seeking production of the valuation reports, sale notices, auction bid forms, payment proofs and related documents; c) Issue a writ of certiorari or any other appropriate writ, order or direction quashing and setting aside the order dated 12.06.2026 passed by the Hon'ble Debts Recovery Tribunal-II, Bengaluru, in I.A.No.2665 of 2025 in TA No.148 of 2017 (produced herewith as Annexure-B); Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010654142026 NC: 2026:KHC:52094 WP No. 29972 of 2026 d) Consequently allow I.A.No.2665 of 2025 Annexure- H filed by the petitioners seeking permission to cross-examine the witness of the applicant bank; e) Pass any other order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice and equity." 2. The petitioners seeks to impugn the orders dated 12.06.2026 (Annexures A and B to the writ petition), whereunder the interim applications filed by the petitioners who was arrayed as respondents in the proceedings initiated by respondent No.1 - Bank before the Debts Recovery Tribunal II, Bengaluru1 have been rejected. Respondent No.1 has initiated the recovery proceedings under Section 19 of the Recovery of Debts and Bankruptcy Act, 19932. The petitioners have been have been arrayed as respondents in the said proceedings and also made a counter claim. An appeal remedy is available to the petitioners under the provisions of the said Act, to assail impugned orders dated 12.06.2026. 3. Although, learned counsel for the petitioners relies on various judgments and submits that the orders impugned 1 Hereinafter referred as to 'DRT' 2 Hereinafter referred as to 'Act' Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 5 - HC-KAR CNR: KAHC010654142026 NC: 2026:KHC:52094 WP No. 29972 of 2026 are passed contrary to the statutory stipulations, having regard to the fact that, the contentions put forth by the petitioners are on the merits of the interim applications, in the considered opinion of this Court, it is expedient that the adjudication of the said contentions in exercise of the extraordinary discretionary jurisdiction of this Court under Article 226 of the Constitution of India is not undertaken. 4. Accordingly, the present writ petition stands is disposed of. 5. This order shall not preclude the petitioners from availing such remedies as may be permissible under law. (C.M. POONACHA) JUDGE PNV List No.: 1 Sl No.: 38 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA