Dismissed¶45

Sri Paul D Souza v. Bank of Maharashtra

Karnataka HC7 Jul 2026WP/26671/2025

Case brief

AI extract

What is this about?

Alternate remedy / non-exhaustion of statutory remedy — writ petition (GM-DRT) against Debts Recovery Tribunal final order; appeal to DRAT under Section 18 of the SARFAESI Act; Articles 226 and 227 writ jurisdiction declined; O.A.No.679/2016, DRT Bangalore, order dated 04.07.2023; W.P. No. 26671 of 2025; High Court of Karnataka at Bengaluru; Bench: Jyoti M, J.; decided 07.07.2026; Jeethan D'Souza (LR of Paul D'Souza) v. Bank of Maharashtra and others; no precedents cited; no monetary quantum involved.

What did the court decide?

The law is settled that any person aggrieved by the order of the DRT must file an appeal before the DRAT. ¶40

Sri Paul D Souza Vs Bank of Maharashtra — Banking and Recovery | Karnataka HC (2026)

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NC: 2026:KHC:33916 WP No. 26671 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU 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. 26671 OF 2025 (GM-DRT)

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BETWEEN:

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SRI. PAUL D'SOUZA, (SINCE DECEASED BY LR'S)

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SRI. JEETHAN D'SOUZA, AGED 30 YEARS S/O. LATE PAUL D'SOUZA, PREM DEEP, NO. 4-62/1, OPP. BAIRADY TANK, PADIL, MANGALORE-575007.

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…PETITIONER

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(BY SRI. VEERESH M.UPPIN, ADVOCATE FOR SRI. K CHANDRANATH ARIGA, ADVOCATE)

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AND:

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

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BANK OF MAHARASHTRA, BRANCHES INTER LIA ONE AT FIRST FLOOR, GHS CENTENARY BUILDING, GHS ROAD, HAMPANAKATTA, MANGALORE-575001, REPRESENTED BY ITS CHIEF MANAGER, SRI. SHIVA RAMAIAH,

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SRI. MELWYN D'ALMEIDA, FATHERS NAME NOT KNOWN AGE MAJOR, R/AT ALMEIDA COTE, NEAR GORIGUDDE BUS STOP, KANKANADY POST,

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NC: 2026:KHC:33916 WP No. 26671 of 2025

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HC-KAR

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MANGALORE-575002.

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SRI. MAHADEV POOJARI, FATHER'S NAME NOT KNOWN AGE MAJOR R/AT KENJOOR HOUSE, POST: ADYAR MANGALORE TALUK

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…RESPONDENTS

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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.Veeresh M.Uppin, counsel on behalf of

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Sri.K.Chandranath Ariga, for the petitioner appeared in person.

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Though the matter is listed today for

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preliminary hearing, it is heard.

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This petition is filed seeking following reliefs:

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a) Issue writ of Certiorari or any other appropriate writ to set aside the order dated 04.07.2023 in O.A.No.679/2016 on the file

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3 - NC: 2026:KHC:33916 WP No. 26671 of 2025

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HC-KAR

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of Debts Recovery Tribunal at Bangalore (Annexure-E).

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b) Dismiss O.A.No.679/2016 filed before the Debts Recovery Tribunal at Bangalore (Annexure-A).

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c) All this writ petition.

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d) Grant such other relief's as it deems fit.

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Counsel for the petitioner urged several

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

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Suffice it to note that the DRT vide order

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dated:04.07.2023 passed the 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 petitioner has not exhausted the statutory remedy and has invoked the writ jurisdiction. As there is an alternate remedy as contemplated under Section 18 of the SARFAESI Act to approach DRAT. Hence, I decline to

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NC: 2026:KHC:33916 WP No. 26671 of 2025

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HC-KAR

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exercise power under writ jurisdiction. Accordingly, the

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writ petition is dismissed .

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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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