Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 43077 (KAR)

M/S CHELUVAMBIKA PICTURES v. ASSETS RECONSTRUCTION COMPANY (INDIA) LTD.

WP/13750/2026 · 2026-09-28

C M Poonacha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010300282026 NC: 2026:KHC:53555 WP No. 13750 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 13750 OF 2026 (GM-DRT) BETWEEN: 1. M/S CHELUVAMBIKA PICTURES NO.17, KRUTHI NILAYA 1ST MAIN, 1ST CROSS, 1ST BLOCK, NEAR SHANMAHATMA TEMPLE, LAKSHMINAGAR, BASAVESHWARA NAGARA BENGALURU - 56086 (OLD ADDRESS) REPRESENTED BY ITS PROPERIETOR, MR. S NARAYAN S/O SUBBAREDDY, AGED ABOUT 57 YEARS RESIDING AT SIVAGANGA VILLAGE, SOMPHURA HOBLI, NELAMAGALA TALUKU BENGALURU - 562 123 2. MRS. BHAGYAVATHI W/O S NARAYAN AGED ABOUT 50 YEARS RESIDENT OF SIVAGANGA VILLAGE SOMPHURA HOBLI, NELAMAGALA TALUKU BENGALURU - 562 123 …PETITIONERS (BY SRI. SHANKARAPPA, ADVOCATE) - 2 - HC-KAR CNR: KAHC010300282026 NC: 2026:KHC:53555 WP No. 13750 of 2026 AND: 1. ASSET RECONSTRUCTION COMPANY (INDIA) LTD. 305, KEDIA ARCADE, 3RD FLOOR, 92, INFANTRY ROAD, BENGALURU - 560 001 REGISTERED UNDER COMPANIES ACT 1956 (ORIGINALLY SA WAS FILED AGAINST THE KARANTAKA BANK LTD ASSET RECOVERY MANAGEMENT BRANCH NO.39/2, 2ND FLOOR, ASVNV BHAVAN OPP: FKCCI BUILDING, KEMPEGOWDA ROAD REPRESENTED BY ITS CHIEF MANGAER AND AUTHORISED OFFICER) 2. SIBBUSURYAN, S/O MEHABOOB SAB, 209, D S MAX SENORITY APARTMENTS, MUDDINAPALYA, NAGARABHAVI, OPP. GOVT SCHOOL, VISHWANEEDAM, BENGALURU - 560 091 (IMPLEADED DURING THE PENDENCY OF SA AS HE IS THE AUCTION PURCHASER) …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI BY QUASHING ANNEXURE-J, THE FINAL ORDER DATED 08-05-2025 PASSED BY THE DEBT RECOVERY TRIBUNAL KARNATAKA-1, AT BENGALURU IN S.A NO.198/2020 CONSEQUENTLY QUASH ANNEXURE-E, THE E AUCTION NOTICE DATED 23.09.2020 ISSUED BY THE 1 RESPONDENT ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010300282026 NC: 2026:KHC:53555 WP No. 13750 of 2026 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 by quashing Annexure-J, the final order dated 08-05-2025 passed by the Debt Recovery Tribunal Karnataka-1, at Bengaluru in S.A No.198/2020 consequently quash Annexure-E, the E Auction notice dated 23.09.2020 issued by the 1 respondent; b) Issue such other writ or directions as this Hon'ble Court deems to be granted in the facts and circumstances of the case in the interest of justice and equity. " 2. It is forthcoming that the petitioner inter-alia assails the order dated 08.05.20251 passed by the Debt Recovery Tribunal Karnataka-1, Bengaluru2 in SA.No.198/2020 (Annexure J to the writ petition), whereunder, the Tribunal has rejected the application filed by the petitioner under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 20023. 1 Hereinafter referred as to 'impugned order' 2 Hereinafter referred as to 'Tribunal' 3 Hereinafter referred as to 'Act' Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010300282026 NC: 2026:KHC:53555 WP No. 13750 of 2026 3. In view of the fact that a remedy of an appeal is available to the petitioner under the provisions of the Act, the present writ petition is dismissed. 4. This order will not preclude the petitioner from availing such remedies as may be permissible under law. 5. Pending IAs., if any, stand disposed of. (C.M. POONACHA) JUDGE PNV List No.: 1 Sl No.: 2 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA