Dismissed¶57

Sri Harishith Yadav B v. Uco Bank

Karnataka HC6 Jan 2026WP/4714/2022

Case brief

AI extract

What is this about?

Karnataka High Court, single judge (Ashok S. Kinagi, J.), 06.01.2026; WP No. 4714/2022 C/W WP No. 301/2022 (GM-DRT); maintainability of writ petition against Recovery Officer's order appointing receiver for physical possession of schedule property in RC No.509/2020 (OA No.1696/2018) pursuant to DRT-1 recovery certificate in favour of UCO Bank; alternative efficacious remedy of appeal under Section 30 of the Recovery of Debts and Bankruptcy Act, 1993 not exhausted; writ petitions held not maintainable relying on Rikhab Chand Jain Vs. Union of India and Others (2025 SCC OnLine SC 2510); petitions dismissed with liberty to approach the Appellate Authority.

What did the court decide?

Writ petitions dismissed; liberty reserved to the petitioners to approach the Appellate Authority, if so desired; pending IA(s), if any, disposed of accordingly.

Sri Harishith Yadav B Vs Uco Bank — Banking and Recovery | Karnataka HC (2026)

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NC: 2026:KHC:408 WP No. 4714 of 2022 C/W WP No. 301 of 2022

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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 6^TH DAY OF JANUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE ASHOK S.KINAGI

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WRIT PETITION NO. 4714 OF 2022 (GM-DRT)

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C/W

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WRIT PETITION NO. 301 OF 2022 (GM-DRT)

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IN WP No. 4714/2022 BETWEEN:

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Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA

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SRI HARISHITH YADAV B S/O K BALARAJ AGED ABOUT 27 YEARS, R/AT NO.A/3/774, 3^RD MAIN, GOKULA MATHIKERE BENGALURU-560054

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(BY SRI. RAMESH BABU B A., ADVOCATE)

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AND:

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…PETITIONER

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UCO BANK VIJAYANAGAR BANCH, NO.1263/4, NEAR KHB COLONY BUS STOP M M LAYOUT, MAGADI ROAD BENGALURU-560079 REPRESENTED BY ITS AUTHORIZED OFFICER

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SMT ANUSUYA W/O D M NAGARAJ

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NC: 2026:KHC:408 WP No. 4714 of 2022 C/W WP No. 301 of 2022

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HC-KAR

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AGED ABOUT 52 YEARS, R/AT NO.14/3, NANDA GOKULA 8^TH CROSS DIVANARA PALYA GOKULA EXTENSION, BANGALORE-560054

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…RESPONDENTS

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(BY SRI. K.R. PARASHURAM, ADVOCATE FOR C/R IN CP 12597/2020)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF RECOVERY OFFICER-1, DRT-1 BANGALORE UNDER THE CAPTION ORDER DTD. 06.12.2021 OF APPOINTMENT OF RECEIVER TO TAKE THE PHYSICAL POSSESSION OF THE SCHEDULE PROPERTY UNDER THE CERTIFICATE PROCEEDINGS ISSUED IN DCP RC NO.509/2020 (O.A.NO.1696/2018) IN PURSUANCE OF THE RECOVERY CERTIFICATE ISSUED BY THE DRT-1 BANGALORE IN FAVOUR OF THE R-1 BANK IS AT ANNX-B.

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IN WP NO. 301/2022 BETWEEN:

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SMT M ANUSUYA W/O D N NAGARAJU AGED ABOUT 43 YEARS RESIDING AT NO.14/3 NANDAGOKULA HOUSE DIWANARAPALYA 8^TH CROSS, HMT MAIN ROAD II PHASE, GOKULA FIRST STAGE BENGALURU-560054.

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...PETITIONER

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(BY SRI. KUMBAR VASANT FAKEERAPPA., ADVOCATE)

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3 - NC: 2026:KHC:408 WP No. 4714 of 2022 C/W WP No. 301 of 2022

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HC-KAR

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AND:

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UCO BANK PLOT NO.1263/4 MM LAYOUT NEAR KHB COLONY BUS STOP MAGADI ROAD BENGALURU-560079 REPRESENTED BY ITS SENIOR MANAGER MR MANOJ KUMAR SAHU

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M/S GURU HVAC A PARTNERSHIP FIRM REPRESENTED BY ITS MANAGING PARTNER SRI SRINIVAS GOWDA NO.881, 2^ND STAGE DR M C MODI HOSPITAL ROAD WOC ROAD MAHALAKSHMIPURAM BENGALURU-560086.

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SRI B T SRINIVASA GOWDA S/O LATE B THIMMAIAH AGED ABOUT 40 YEARS RESIDING AT NO.813/A, FIRST MAIN ROAD NGO LAYOUT, VRUSHABHAVATHI NAGAR BENGALURU-560079

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...RESPONDENTS

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(BY SRI. K.K. PARASHURAM, ADVOCATE FOR C/R1 SRI. DHANANJAY KUMAR, ADVOCATE FOR R2 & R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE RECOVERY OFFICER-I DEBTS RECOVERY TRIBUNAL-I IN RC NO.509/2020 IN O.A.NO.1696/2018 DTD.6.12.2021 VIDE ANNEXURE-H.

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THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2026:KHC:408 WP No. 4714 of 2022 C/W WP No. 301 of 2022

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

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ORAL ORDER

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The petitioners filed these writ petitions aggrieved by

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the order and notice dated 06.12.2021 issued by the Debts Recovery Tribunal (‘DRT’ for short), challenging the appointment of a receiver to take the physical possession of the schedule property under the certificate proceedings issued in RC No.509/2020 (OA No.1696/2018) in pursuance of the recovery certificate issued by the DRT-1, Bengaluru in favour of respondent No.1-Bank.

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The impugned order and notice is appealable under Section 30 of the Recovery of Debts and Bankruptcy Act, 1993. The petitioners, without exhausting an equal efficacious remedy, have filed this writ petition. Thus,

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these petitions are not maintainable in view of the exposition of law laid down by the Hon'ble Apex Court in

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NC: 2026:KHC:408 WP No. 4714 of 2022 C/W WP No. 301 of 2022

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HC-KAR

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case of Rikhab Chand Jain Vs. Union of India and

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Others¹ .

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