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2026 DAILYLAW 9542 (KAR)

M/S NISCHAY ENTERPRISES (BORROWER) v. THE AUTHORIZED OFFICER

WP/3097/2023 · 2026-04-28

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:23902 WP No. 3097 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 3097 OF 2023 (GM-RES) BETWEEN: 1. M/S NISCHAY ENTERPRISES (BORROWER) OFFICE OAT NO.271/2, 3RD CROSS, OTC ROAD, P.S.LANE, COTTONPET, BENGALURU-560053 REPRESENTED BY ITS PROPRIETOR, MRS.BHAVYA.R 2. MRS.BHAVYA .R W/O B.S.YOGESH AGED ABOUT 29 YEARS, R/AT NO.123, TERRACE FLOOR, T.D.LANE, COTTONPET, BENGALURU-560053. 3. MR. B.S.YOGESH S/O LATE SHADAKSHARI AGED ABOUT 38 YEARS, R/AT NO.123, TERRACE FLOOR, T.D.LANE, COTTONPET, BENGALURU-560 053. 4. MR.B.S.CHANDRASHEKAR S/O LATE SHADAKSHARI, AGED ABOUT 43 YEARS, R/AT NO.123, TERRACE FLOOR, T.D.LANE, COTTONPET, BENGALURU-560 053. 5. MRS.NANJAMMA B.N. W/O LATE SHADAKSHARI Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23902 WP No. 3097 of 2023 AGED ABOUT 68 YEARS, R/AT NO.123, TERRACE FLOOR, T.D.LANE, COTTONPET, BENGALURU-560 053. …PETITIONERS (BY SRI. DILEEP D., ADVOCATE) AND: THE AUTHORIZED OFFICER BANK OF BARODA, KENGERI BRANCH, NO.1250/15/1B, 1ST MAIN ROAD, OPP. BSNL OFFICE, KENGERI SATELLITE TOWN, KENGERI, BENGALURU-560 060. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 19/03/2022 PASSED BY THE HON’BLE 31ST A.C.M.M. IN ORDER PASSED IN C.MISC. NO.1350/2022 PRODUCED AS ANNEXURE-A AND ORDER DATED 19/03/2022 PASSED BY THE HON’BLE 31ST A.C.M.M. IN ORDER PASSED IN C.MISC. NO. 1352/2022 PRODUCED AS ANNEXURE-B AND THE ORDER PASSED BY THE HONBLE DRT- II, BENGALURU IN DATED 18/01/2023 PRODUCED AS ANNEXURE-C AND AS A CONSEQUENTIAL RELIEF SET ASIDE THE ENTIRE MEASURES INITIATED BY THE RESPONDENT BANK U/S.14 OF THE ACT. THIS WRIT PETITION, COMING ON FOR DISMISSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:23902 WP No. 3097 of 2023 ORAL ORDER The present writ petition is of the year 2023. So far notice is not issued to the respondent as the petitioner has failed to pay the process. An interim order was granted on 09.02.2023 and the same is extended on 27.04.2026. 2. On 27.04.2026 as there was no representation on behalf of the petitioner, the matter is directed to be listed for ‘dismissal’ on 28.04.2026. Today also there is no representation on behalf of petitioner. If the petitioner’s are aggrieved by any of the steps taken by the Bank, the remedy is before the DRT. 3. Accordingly this court is passing the following: ORDER i. The writ petition is disposed of, giving liberty to the petitioners to avail the appropriate remedy before the DRT within 30 days from the date of receipt of the copy of this order. ii. The petitioners shall have the protection of interim order till such time. - 4 - HC-KAR NC: 2026:KHC:23902 WP No. 3097 of 2023 iii. The petitioners shall have the benefit of Section 14 of the Limitation Act. iv. Pending I.As., if any, shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 80