- 1 - HC-KAR NC: 2026:KHC:6235 WP No. 1510 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 1510 OF 2022 (GM-DRT) BETWEEN: 1. M/S SRI. NITYA PACKAGING COMPANY A PARTNERSHIP FIRM NO.A 313 AND NO.A 314 7TH MAIN, 2ND STAGE, PIE PEENYA BENGALURU - 560 058 REPRESENTED BY ITS ONE OF THE MANAGING PARTNER SRI V PRABHU VELUMURUGAN 2. MR. V PRABHU VELUMURUGAN S/O VELUMURUGAN AGED 29 YEARS PAN NO. AWZPP842R R/AT 262 C, 2ND MAIN, 18TH CROSS, MALLESWARAM BENGALURU - 560 003 …PETITIONERS (BY SRI. VANDANA P L., ADVOCATE) AND: 1. THE REGISTRAR DEBTS RECOVERY TRIBUNAL -2 DRT BANGALORE BENCH, MINISTRY OF FINANCE DEPARTMENT OF FINANCIAL SERVICES JEEVAN MANGAL BUILDING 2ND FLOOR, NO.4, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6235 WP No. 1510 of 2022 RESIDENCY ROAD BANGALORE - 560 025 2. THE AUTHORIZED OFFICER FULLERTON INDIA CREDIT COMPANY LTD., BRAHMANANDA COURT, LALBAGH ROAD BENGALURU - 560 027 REPRESENTED BY ITS MANAGER LEGAL AND COMPLIANCE AND POWER OF ATTORNEY HOLDER MS. SWETHA MUTHAPPA 3. MRS. V MEENA SUBRAMANI D/O SUBRAMANI AGED 38 YEARS R/AT NO. 262 C, 2ND MAIN, 18TH CROSS, MALLESWARAM BANGALORE - 560 003 4. MS. NITHYA G D/O M GOPAL AGED 23 YEARS R/AT NO. 262 C, 2ND MAIN, 18TH CROSS, MALLESWARAM BANGALORE - 560 003 …RESPONDENTS (BY SRI. H.K. KENCHEGOWDA, AGA FOR R1 (MA NOT FILED) SRI. CHANDRASHEKAR S N, ADVOCATE FOR R2 V/O DATED 31.05.2022, NOTICE TO R3 & R4 ARE DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1) ADMIT THE PRESENT W.P. DESPITE THE ALTERNATIVE REMEDY AVAILABLE UNDER SECTION 17 OF SARFAESI ACT EVEN AS SECTION 17 SARFAESI ACT APPEAL FILED BY THE PETITIONERS IS PENDING IN SA NO.1/2022 BEFORE THE HON’BLE DRT-1, BANGALORE VIDE ANNX-F AND ETC. - 3 - HC-KAR NC: 2026:KHC:6235 WP No. 1510 of 2022 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The learned counsel for the petitioners files a Memo dated 03.02.2026 seeking a leave of the Court to withdraw the writ petition with a liberty to challenge the impugned order before the Debts Recovery Tribunal-II. 2. Memo is placed on record. 3. The writ petition is dismissed as withdrawn with the aforesaid liberty. Sd/- (ASHOK S.KINAGI) JUDGE RK CT:KHV List No.: 1 Sl No.: 58