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2026 DAILYLAW 48792 (KAR)

M/S SAGAR BUILDERS AND DEVELOPERS v. KARNATAKA GRAMIN BANK

WP/19195/2025 · 2026-01-13

Ashok S Kinagi

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:2334 WP No. 19195 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 19195 OF 2025 (GM-DRT) BETWEEN: 1. M/S SAGAR BUILDERS AND DEVELOPERS A PARTNERSHIP FIRM, HAVING OFFICE AT KALAGI, CHITTAPUR TALUK, KALABURGI DISTRICT, REPRESENTED BY ITS' MANAGING PARNTER SRI. ABDUL JABBAR 2. SRI. ABDUL JABBAR, S/O. SRI. BASHU MIYAN, MAJOR, MANAGING PARTNER, M/S. SAGAR BUILDERS AND DEVELOPER, R/AT KALAGI, CHITTAPUR TALUK, KALABURGI-585 312 3. SMT. GOUSYA BEGUM, W/O. SRI. ABDUL JABBAR, MAJOR, PARTNER, M/S. SAGAR BUILDERS AND DEVELOPER, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2334 WP No. 19195 of 2025 R/AT KALAGI, CHITTAPUR TALUK, KALABURGI-585 312 4. SRI. MOHAMMED SOHAIL, S/O. ABDUL JABBAR, MAJOR, PARTNER, M/S. SAGAR BUILDERS AND DEVELOPER, R/AT KALAGI, CHITTAPUR TALUK, KALABURGI-585 312 5. SRI. MOHAMMED ZAHUR, S/O. ABDUL JABBAR, MAJOR, PARTNER, M/S. SAGAR BUILDERS AND DEVELOPER, R/AT KALAGI, CHITTAPUR TALUK, KALABURGI-585 312. &PETITIONERS (BY SRI. C M RAJANEESH., ADVOCATE) AND: KARNATAKA GRAMIN BANK HAVING ITS' REGISTERED AND HEAD OFFICE AT BALLARI, INTERALIA BRANCH AT KALGI BRANCH, CHITTAPUR TALUK, KALABURGI-585 312 &RESPONDENT - 3 - HC-KAR NC: 2026:KHC:2334 WP No. 19195 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (I) QUASHING THE ORDER DT.28.02.2025 PASSED BY THE DEBTS RECOVERY TRIBUNAL-II, BENGALURU IN O.A. NO.68/2021 VIDE ANNEXURE-E TO THE WRIT PETITION, AND ALL FURTHER ACTION IN DEBT CERTIFICATE PROCEEDINGS BEFORE THE RECOVERY OFFICER. (II) FOR COST OF THIS PROCEEDINGS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioners filed this writ petition challenging the order dated 28.02.2025 passed by the Debts Recovery Tribunal II, Karnataka at Bengaluru (8DRT9 for short) in OA No.68/2021. 2. The impugned order passed by the DRT is an appealable order under Section 20 of the Recovery of Debts and Bankruptcy Act, 1993. The petitioners, without exhausting the efficacious remedy, filed this writ petition. - 4 - HC-KAR NC: 2026:KHC:2334 WP No. 19195 of 2025 Hence, the writ petition filed by the petitioners is not maintainable in view of the exposition of law laid down by the Hon9ble Apex Court in the case of Rikhab Chand Jain Vs. Union of India and Others1. 3. In view of the above discussion, I proceed to pass the following: ORDER i. The writ petition is dismissed; ii. A liberty is reserved to the petitioners to challenge the impugned order before the appropriate forum, if so desired; iii. Pending IA(s), if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE PA CT:KHV List No.: 1 Sl No.: 10 1 2025 SCC OnLine SC 2510