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2026 DAILYLAW 510 (KAR)

MRS. PRAGYA MISHRA v. M/S. IDBI BANK LIMITED

WP/13931/2023 · 2026-02-11

Ashok S Kinagi

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:8335 WP No. 13931 of 2023 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. 13931 OF 2023 (GM-DRT) BETWEEN: 1. MRS. PRAGYA MISHRA W/O. MR. MANOJ KUMAR MISHRA, AGED ABOUT 33 YEARS, 2. MR. MANOJ KUMAR MISHRA S/O. MR. VIDYASAGAR MISHRA, AGED ABOUT 37 YEARS, BOTH RESIDING AT FLAT NO. 206, S2, AVANTIKA APARTMENT, CHIKKADUNSANDRA, SARJAPUR HOBLI, BENGALURU - 560 125. BOTH REPRESENTED BY THEIR SPL. POA HOLDER, MR. K. CHANDRASHEKAR. …PETITIONERS (BY SRI. SADANAND M, ADVOCATE) Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8335 WP No. 13931 of 2023 AND: 1. M/S. IDBI BANK LIMITED NO. 58, MISSION ROAD BRANCH, BENGALURU - 560 027, REPRESENTED BY ITS ASSISTANT GENERAL MANAGER. 2. STATE BANK OF INDIA RACPC. II, NO.12TH CROSS, 7TH MAIN, 3RD BLOCK, KORAMANGALA, BANGALORE - 560 034. REPRESENTED HEREIN BY ITS CHIEF MANAGER. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION AGAINST THE R1 BANK DIRECTING THEM NOT TO INITIATE ANY ACTION AGAINST THE SCHEDULE PROPERTY WITHOUT DUE PROCESS OF LAW AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:8335 WP No. 13931 of 2023 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioners have filed this petition seeking the following reliefs: a) Issue a writ of mandamus or any other writ or direction against the first respondent Bank directing them not to initiate any action against the schedule property without due process of law. b) Issue a writ of certiorari or any other writ or direction and quash order dated 16.05.2023 (Annexure-D) passed by the Hon’ble Debts Recovery Tribunal II, Karnataka, Bengaluru in O.A.No.1769/2019, in so far it relates to sale of the schedule property. c) To pass any other order or directions as this Hon’ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity. 2. The petitioners, aggrieved by the order passed by the Debts Recovery Tribunal-II, Karnataka, Bangalore in OA.No.1769/ 2019, has filed this writ petition. The order - 4 - HC-KAR NC: 2026:KHC:8335 WP No. 13931 of 2023 passed by the Debts Recovery Tribunal-II Karnataka, Bangalore is appealable under Section 20 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. The petitioners without exhausting the efficacious remedy filed this writ petition. Hence, the writ petition filed by the petitioners is not maintainable. Accordingly, the petition is dismissed. 3. The liberty is reserved to the petitioners to challenge the order passed in O.A.No.1769/2019, if so advised. Sd/- (ASHOK S.KINAGI) JUDGE SSB