Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:16564 WP No. 9700 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 9700 OF 2023 (GM-DRT)
BETWEEN:
1.
M/S VINAYAKA PRINTERS NO 6/1, DR.TCM ROYAN ROAD, COTTONPET, BANGALORE - 560053
REPTD BY ITS PROPRIETOR SMT M.K. TEJAVATHI
2.
SMT M.K. TEJAVATHI W/O M KRISHNAMOORTHY AGED ABOUT 70 YEARS
3.
SRI M KRISHNAMOORTHY S/O M KODANDARAMA SETTY AGED ABOUT 76 YEARS
4.
SRI CHETAN KUMAR S/O M KRISHNAMOORTHY AGED ABOUT 44 YEARS
ALL ARE R/AT NO.6/1, DR.TCM ROYAN ROAD, COTTONPET,
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:16564 WP No. 9700 of 2023
BANGALORE - 560 053 …PETITIONERS (BY SRI. RAGHU HULIKAL, ADVOCATE) AND:
THE AUTHROIZED OFFICER STATE BANK OF INDIA (ERSTWHILE STATE BANK OF MYSORE) STRESSED ASSET RESOLUTION CENTRE, 1ST FLOOR, III BLOCK, BKG COMPLEX, AVENUE ROAD, BANGALORE- 560 009 …RESPONDENT
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE ILLEGAL AND BIASED ORDERS DATED 22/08/2022.
ANNEXURE-H ISSUED TO FAVOUR THE BANK AND PASSED, IN VIOLATION OF SECTION 17(3) R/W SECTION 19 BY THE HONBLE DRT-II BANGALORE AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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HC-KAR NC: 2026:KHC:16564 WP No. 9700 of 2023
ORAL ORDER The present writ petition is filed seeking the following prayers:
“ a) To set aside illegal and biased orders dated 22-8-22, in R.A No.9/20, Annexure- H, issued to favour the bank and passed, in violation of sec, 17(3) R/w section 19, by the Hon'ble DRT-II, Bangalore,
b) To pass necessary orders directing the respondent bank, to reimburse Rs.1,60,81,813/- under section 19 of the SARFAESI Act along with interest at 18% PA compounded monthly from 31-3-23, to till the date of payment, in the facts and circumstances of the case and as per the grounds urged in the writ petition.
c) To grant such other reliefs 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. Against the order passed by the Debt Recovery Tribunal (for short ’DRT’), the petitioners have an effective
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HC-KAR NC: 2026:KHC:16564 WP No. 9700 of 2023
alternative remedy before the Debts Recovery Appellate Tribunal (for short 'DRAT').
3.
Learned counsel for the petitioners submits that the liberty may be granted to the petitioners.
4. 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 petitioners to avail the appropriate remedy before the DRAT. ii. The petitioners shall have the benefit of Section 14 of the Limitation Act. iii. All I.As pending, if any, in the writ petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
SMC