Dismissed¶36

M/S Cheluvambika Pictures v. the Authorized Officer

Karnataka HC7 Jul 2026WP/14678/2026

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; WP No. 14678 of 2026 (GM-DRT); Justice Jyoti M; order dated 07-07-2026. Writ petition (certiorari and mandamus) against DRT Karnataka-1 final order dated 30.05.2025 in S.A.No.13/2021 and sale notice dated 17.12.2020 by Authorized Officer, Karnataka Bank Ltd. Dismissed on ground of non-exhaustion of statutory remedy: appeal to DRAT available under Section 18 of the SARFAESI Act; writ jurisdiction under Articles 226/227 declined. Keywords: SARFAESI Section 18, DRAT appeal, alternate remedy doctrine, DRT final order, sale notice, certiorari, mandamus.

What did the court decide?

It is settled law that any person aggrieved by an order of the DRT must file an appeal before the DRAT. ¶35

M/S Cheluvambika Pictures Vs the Authorized Officer — Banking and Recovery | Karnataka HC (2026)

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NC: 2026:KHC:33917 WP No. 14678 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF JULY, 2026

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 14678 OF 2026 (GM-DRT)

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BETWEEN:

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M/S. CHELUVAMBIKA PICTURES, NO.17, KRUTHI NILAYA, 1ST MAIN, 1ST CROSS, 1ST BLOCK, NEAR SHANMAHATMA TEMPLE, LAKSHMINAGAR, BASAVESHWARA NAGARA, BENGALURU-560086 (OLD ADDRESS), REPRESENTED BY ITS PROPERIETOR, MR. S.NARAYAN, S/O. SUBBAREDDY, AGED ABOUT 57 YEARS, RESIDING AT SIVAGANGA VILLAGE, SOMPHURA HOBLI, NELAMAGALA TALUKU, BENGALURU -562123.

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Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA

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MRS. BHAGYAVATHI, W/O. S.NARAYAN, AGED ABOUT 50 YEARS RESIDENT OF SIVAGANGA VILLAGE, SOMPHURA HOBLI, NELAMAGALA TALUKU, BENGALURU -562123.

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…PETITIONERS

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(BY SRI. SHANKARAPPA, ADVOCATE)

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AND:

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THE AUTHORIZED OFFICER, KARNATAKA BANK LTD., ASSET RECOVERY MANAGEMENT BRANCH, NO.39/2,2ND FLOOR, ASVNV BHAVAN, OPP: FKCCI BUILDING,

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NC: 2026:KHC:33917 WP No. 14678 of 2026

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HC-KAR

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KEMPEGOWDA ROAD, BENGALURU-560009.

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…RESPONDENT

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

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THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER:

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ORAL ORDER

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Sri.Shankarappa, counsel for the petitioners appeared in person.

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Though the matter is listed today for preliminary

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hearing, it is heard.

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This petition is filed seeking following reliefs:

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(a) Issue a writ of certiorari by quashing Annexure-B, the final order dated 30.05.2025 passed by the Debt Recovery Tribunal Karnataka - 1 at Bengaluru in S.A.No.13/2021 and issue writ of mandamus directing the respondents not to proceed regarding Annexure-A, the sale notice dated 17.12.2020 issued by the 1^st respondent.

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NC: 2026:KHC:33917 WP No. 14678 of 2026

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HC-KAR

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(b) Issue such other writ or directions as this Hon'ble Court deems fit to be granted in the facts and circumstances of the case in the interest of justice and equity.

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Counsel for the petitioners urged several

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contentions. Heard the arguments and perused the papers with care.

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The DRT vide order dated 30.05.2025 passed final order. The law is settled that any person aggrieved by the order of the DRT must file an appeal before DRAT. In the present case, the petitioners have not exhausted the statutory remedy and have invoked the writ jurisdiction. As there is an alternate remedy as contemplated under Section 18 of the SARFAESI Act to approach DRAT. This Court declines to exercise the discretionary power under writ jurisdiction. The petitioners may approach the appropriate forum, if so advised and if the law permits.

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Accordingly, the writ petition is dismissed .

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NC: 2026:KHC:33917 WP No. 14678 of 2026

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HC-KAR

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Because of dismissal the Writ Petition, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of.

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Sd/(JYOTI M) JUDGE

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