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2026 DAILYLAW 45661 (KAR)

SRI. SATHISH R v. BAJAJ FINANCE LTD

WP/623/2026 · 2026-01-20

Ashok S Kinagi

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:3217 WP No. 623 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 623 OF 2026 (GM-DRT) BETWEEN: SRI. SATHISH R S/O C. RAJENDRA AGED ABOUT 49 YEARS RESIDING AT NO. 12, 20TH MAIN MUNESHWARA BLOCK BENGALURU-560085. …PETITIONER (BY SRI. RAJESH MAHALE, SR. COUNSEL FOR SRI. SPARSHA SHETTY, ADVOCATE) AND: 1. BAJAJ FINANCE LTD BRANCH OFFICE AT 3RD FLOOR PRESTIGE TOWERS RESIDENCY ROAD BENGALURU 560 025 REPRESENTED BY ITS AUTHORISED OFFICER/CHIEF MANAGER Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3217 WP No. 623 of 2026 2. GR PRAKASH S/O LATE G R RANGANATH AGED ABOUT 65 YEARS RESIDING AT FLAT NO. 408 SMR EMBASSY 3RD CROSS, RAMA RAO LAYOUT KATHRIGUPPE, BSK III STAGE BENGALURU 560085. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION THE DEBTS RECOVERY TRIBUNAL TO EXPEDITIOUSLY DISPOSE OF S.A. NO. 3132 OF 2025, ANNEXURE-E STRICTLY IN ACCORDANCE WITH RULES 8 AND 9 OF THE SECURITY INTEREST (ENFORCEMENT) RULES, 2002, AND KEEPING IN MIND THE LAW LAID DOWN BY THE HON’BLE SUPREME COURT IN MATHEW VARGHESE V. M. AMRITHA KUMAR AND ORS., REPORTED IN (2014) 5 SCC 610, AND ORDER XXI RULE 64 OF THE CODE OF CIVIL PROCEDURE, 1908 B) ISSUE A WRIT OF MANDAMUS OR APPROPRIATE DIRECTION RESTRAINING THE RESPONDENTS, THEIR AGENTS, SERVANTS OR ANYBODY CLAIMING THROUGH THEM, FROM DISPOSSESSING THE PETITIONER FROM THE SCHEDULE PROPERTY AND FURTHER RESTRAIN RESPONDENTS NOT TO CREATE ANY THIRD-PARTY - 3 - HC-KAR NC: 2026:KHC:3217 WP No. 623 of 2026 RIGHTS, PENDING DISPOSAL AND TILL THE PROCEEDINGS IN S.A. NO. 3132 OF 2025 ATTAIN FINALITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioner filed this writ petition seeking a mandamus directing the Debts Recovery Tribunal (‘the DRT’ for brevity) to dispose of S.A.No.3132/2025 vide Annexure-E. 2. It is contended that the application is filed before the DRT. The DRT has issued a notice and has not passed any order on the said application. It is contended that the respondents have appeared before the DRT. 3. Accordingly, I proceed to pass the following order: - 4 - HC-KAR NC: 2026:KHC:3217 WP No. 623 of 2026 ORDER i. The writ petition is disposed of. ii. The DRT is directed to dispose of S.A.No.3132/2025 in accordance with law within one month from the date of receipt of copy of this order. iii. In view of disposal of the petition, pending interlocutory application/s, if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SKS CT:KHV