- 1 - HC-KAR NC: 2026:KHC:1945 WP No. 34210 of 2024 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. 34210 OF 2024 (GM-DRT) BETWEEN: M/S HEBRON PROPERTIES PVT. LTD., A PRIVATE LIMITED COMPANY HAVING ITS REGISTERED OFFICE AT 5AC-712, 5TH 'A' CROSS, 4TH FLOOR, HRBR LAYOUT, 1ST BLOCK, KALYAN NAGAR POST, BANGALORE-560043. REPRESENTED BY ITS DIRECTOR MR. PREENAND PREMACHANDRAN &PETITIONER (BY SRI. RAVI SHANKAR C S., ADV.) AND: 1. THE RECOVERY OFFICER DEBTS RECOVERY TRIBUNAL-I, 1ST FLOOR, JEEVAN MANGAL BUILDING, NO.4, RESIDENCY ROAD, BANGALORE-560025 2. UCO BANK, A CORPORATE BODY CONSTITUTED Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1945 WP No. 34210 of 2024 UNDER THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKING, 1970) HAVING ITS HEAD OFFICE AT NO.10, BTM, SARANI, KOLKATA-700 001 AND BRANCH OFFICE AT MALLESHWARAM, BANGALORE-560003. 3. M/S PRANEE INFRASTRUCTURES PVT. LTD., A PRIVATE LIMITED COMPANY HAVING ITS OFFICE AT NO.302, III FLOOR, JKR TOWERS, ABOVE MANIPAL POLYCLINIC, NO.1431, RAMAMURTHYNAGAR MAIN ROAD, BANGALORE-560016. REPRESENTED BY ITS MANAGING DIRECTOR MR.KALLA VENKATESWARULU. &RESPONDENTS (BY SRI. K.R.PARUSHARAM, ADV. FOR C/R2 IN CP 20991/2024) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE WARRANT OF ATTACHMENT DATED 12/10/2021 (ANNEXURE-A) IN RESPECT OF SCHEDULE PROPERTY, PASSED IN DCP NO.14219 IN O.A.NO.394/2018, B) TO GRANT STAY OF FURTHER PROCEEDINGS IN DCP NO.14219, GRANT AN INTERIM ORDER TO ORDER, RESTRAINING THE FIRST RESPONDENT FROM PROCEEDING WITH THE ATTACHMENT OF WARRANT IN PURSUANCE OF THE ORDER DATED 12.10.2021 (ANNEXURE-A), AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:1945 WP No. 34210 of 2024 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner has filed this writ petition challenging the warrant of attachment of the immovable property dated 12.10.2021 vide Annexure-A issued by the Recovery Officer. 2. Brief facts leading rise to the filing of this writ petition are as follows: The petitioner is a Private Limited Company, registered under the Companies Act, 1956, carrying on business as Builder and Developer. The said company formulated a scheme to develop the lands bearing Sy.Nos.60, 62 and 69 situated at Halehalli Village, Biderahalli Hobli, Bangalore South Taluk, Bangalore into a residential villas. Respondent No.3 agreed to purchase the residential villa bearing No.72, Type-B2 with a super built up area of 5,100 sq.ft., by entering into an agreement of sale and construction agreement on certain agreed terms - 4 - HC-KAR NC: 2026:KHC:1945 WP No. 34210 of 2024 and conditions with the petitioner by availing the housing loan from respondent No.2-Bank. The petitioner along with respondent Nos.2 and 3 have entered into a Tripartite Agreement, whereunder the petitioner has to complete the construction in all aspects and to execute sale deed in favour of respondent No.3-Company. Respondent No.2- Bank has to release the part payment directly to the petitioner's account and balance shall be paid by respondent No.3-Company. Respondent No.3 neither committed a default in paying the loan amount nor balance amount. Respondent No.2-Bank initiated a recovery proceedings by filing an application before the Tribunal. The Tribunal passed an order of attachment of immovable property of the petitioner and issued a recovery certificate on 23.07.2018 in O.A.No.394/2017 to pay the petitioner a sum of Rs.3,43,49,657/- as on 05.04.2017. The petitioner, aggrieved by the warrant of attachment of immovable property, filed this writ petition. - 5 - HC-KAR NC: 2026:KHC:1945 WP No. 34210 of 2024 3. Heard the learned counsel to the petitioner. 4. Learned counsel for the petitioner submits that the petitioner is not liable for discharge of loan availed by respondent No.3. Despite the same respondent No.2 has obtained a recovery certificate by suppression of material facts before respondent No.1 and respondent No.1 without verification of the facts, has passed the impugned order, and the order passed by respondent No.1 is without authority and the same is liable to be set aside. Hence, on these grounds, he prays to allow the writ petition. 5. Perused the records and considered the submissions of the learned counsel for the petitioner. 6. It is an undisputed fact that respondent No.3 has availed a loan for purchasing the apartment from the petitioner and respondent No.2 has released the part payment in favour of the petitioner. As the respondent has - 6 - HC-KAR NC: 2026:KHC:1945 WP No. 34210 of 2024 committed a default, respondent No.2 has initiated a recovery proceedings. Respondent No.2 approached the Debt Recovery Tribunal and filed an application for warrant of attachment of immovable property under Section 25A of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (for short 8the Act of 19939). The order under challenge is an appealable under Section 30 of the Act of 1993. The petitioner without exhausting the efficacious remedy, filed this writ petition and the writ petition filed by the petitioner is not maintainable. In view of the exposition of law laid down by the Hon'ble Apex Court in RICKAB CHAND JAIN VS. UNION OF INDIA AND OTHERS in CA.No.6719/2012 disposed off on 12.11.2025. Hence, I do not find any grounds to entertain the writ petition. Accordingly. I proceed to pass the following: ORDER i. The writ petition is dismissed. - 7 - HC-KAR NC: 2026:KHC:1945 WP No. 34210 of 2024 ii. The liberty is reserved to the petitioner to challenge the impugned warrant of attachment of immovable property before the appellate authority, is so desired. iii. Pending application(s), if any, shall stand disposed off accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SSB