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2026 DAILYLAW 505 (KAR)

MANJUNATH M PATIL v. ICICI BANK LTD

WP/4114/2026 · 2026-02-11

Ashok S Kinagi

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:8842 WP No. 4114 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 4114 OF 2026 (GM-DRT) BETWEEN: 1. MANJUNATH M PATIL AGED ABOUT 46 YEARS NO.13/4, 3RD FLOOR 4TH CROSS NAGAPPA STREET 1ST MAIN ROAD PALACE GUTTAHALLI SHESHADRIPURAM BANGALORE-560 003 2. NEWGENI SECURITY SOLUTIONS LLP NO. 13/4, 3RD FLOOR, 4TH CROSS NAGAPPA STREET, 1ST MAIN ROAD PALACE GUTTAHALLI SHESHADRIPURAM BANGALORE-560 003 (REPRESENTED BY ITS LIMITED LIABILITY REGISTERED UNDER LIMITED LIABILITY PARTNERSHIP ACT, 2008) 3. POOJA PATIL M AGED ABOUT 42 YEARS NO. 13/4 3RD FLOOR, 4TH CROSS NAGAPPA STREET 1ST MAIN ROAD PALACE GUTTAHALLI SHESHADRIPURAM BANGALORE-560 003 …PETITIONERS (BY SRI. PRASHANTH R., ADVOCATE) AND: 1. ICICI BANK LTD (REPRESENTED BY ITS MANAGER) PRIVATE SECTOR BANK REGISTERED UNDER THE COMPANIES ACT, 1956 OFFICE AT NO.4/10, MYTHREE TOWERS Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8842 WP No. 4114 of 2026 BOMMANAHHALI HOSUR MAIN ROAD NEAR OXFORD COLLEGE OF ENGINEERING BANGALORE-560 068 …RESPONDENT (BY SRI.FRANCIS XAVIER, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- DIRECTING THE HONBLE DEBT RECOVERY TRIBUNAL-II, BENGALURU, TO CONSIDER AND PASS APPROPRIATE ORDERS FOR REDELIVERY OF POSSESSION OF THE SECURED PROPERTY TO THE PETITIONERS, PURSUANT TO AND IN CONTINUATION OF THE STAY OF FURTHER SARFAESI PROCEEDINGS GRANTED BY THE TRIBUNAL. 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 seeking a mandamus directing the Debt Recovery Tribunal-II (‘DRT’ for short) to consider and pass appropriate orders for redelivery of possession of the secured property to the petitioners, pursuant to and in continuation of the stay of further Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’ for short) proceedings granted by the DRT. 2. Learned counsel for the respondent-Bank submits that, the petitioners have not filed any application for - 3 - HC-KAR NC: 2026:KHC:8842 WP No. 4114 of 2026 redelivery of possession. Hence, the relief sought by the petitioners is not maintainable. 3. Admittedly, the petitioners have not filed any application for redelivery of possession of secured property. Hence, the writ petition is not maintainable and accordingly, dismissed. 4. A liberty is reserved to the petitioners to file an application for redelivery of possession within six (6) days from today. If such an application is filed by the petitioners, the DRT is directed to take the application on record and thereafter, provide an opportunity to the respondent to file objections to the said application, and pass an appropriate order within 10 days thereafter. 5. In view of dismissal of this writ petition, pending application(s), if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE PA List No.: 2 Sl No.: 21