- 1 - HC-KAR NC: 2026:KHC:9025 WP No. 29389 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 29389 OF 2025 (GM-DRT) BETWEEN: SMT GULAB W/O. LATE ALTAF PASHA, AGED 66 YEARS, R/O. NO.1547/13, 11TH CROSS, BOMBAY BUILDING ROAD, POOR HOUSE COLONY LAYOUT, TUMKUR- 572 101 SENIOR CITIZEN BENEFIT NOT CLAIMED …PETITIONER (BY SRI. BHAVANA NAGANAGOUDA PATIL, ADVOCATE) AND: 1. THE AUTHORISED OFFICER SHREE SHARADA MAHILA CO-OPERATIVE BANK NIYAMITH, J.C.ROAD, TUMKUR – 572 101 Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9025 WP No. 29389 of 2025 2. MR. SYED TAHZIB, S/O. SYED ALI, AGED 59 YEARS, R/O. NO.3375, 7TH CROSS, VINOBANAGAR, TUMKUR -572 101. …RESPONDENTS (BY SRI.SAILESH S.K., ADVOCATE FOR C/R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED: 06.05.2025 IN SA NO. 02/2024 ON THE FILE OF DEBTS RECOVERY TRIBUNAL - II, BENGALURU BY CONDONING THE DELAY OF 96 DAYS AND RESTORE THE SA NO.2/2024 ON THE FILE OF DEBTS RECOVERY TRIBUNAL - II VIDE ANNEXURE-F. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:9025 WP No. 29389 of 2025 ORAL ORDER The present writ petition is filed seeking the following prayer: “Wherefore, the petitioner respectfully prays for issue of following reliefs:- i. Issue a writ in the nature of certiorari or set aside the order dated 06.05.2025 in SA.No.02/2024 on the file of Debts Recovery Tribunal-II, Bengaluru by condoning the delay of 96 days and restore the SA No.2/2024 on the file of Debts Recovery Tribunal-II vide Annexure-F and; ii. Issue a writ in the nature of certiorari quashing the sale certificate dated 10.07.2023 registered on 10.08.2023 vide Annexure-C executed between the respondents and; iii. Issue any other appropriate writ/order/direction as this Hon’ble Court deems fit to grant in the facts and circumstances of the case, in the interest of justice and equity.” 2. Learned counsel appearing for the petitioner has argued about how the order passed in SA.No.2/2024 is bad. When an order is passed by the Debt Recovery Tribunal, necessarily the petitioner has to go before the DRAT and if the petitioner wants to come before this Court, he has to convince this Court that this writ petition can only be heard by this Court by exercising the jurisdiction under Article 226 of the Constitution of India and the same cannot be decided by the DRAT and as no such submissions are made before this Court, - 4 - HC-KAR NC: 2026:KHC:9025 WP No. 29389 of 2025 when the petitioner has an effective alternative remedy, he has to approach the same, but he cannot come before this Court. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioner to approach the DRAT in accordance with law. ii. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 4