IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE E.S.INDIRESH

WRIT PETITION NO. 22942 OF 2022 (GM-DRT)

BETWEEN:

SRI. N. VIJAYAKUMAR

S/O NARAYANAPPA

AGED ABOUT 42 YEARS,

R/AT AREHALLI VILLAGE,

MAYASANDRA POST, ATTIBELE HOBLI

ANEKAL TALUK, BANGALORE DISTRICT - 562 107.

…PETITIONER

(BY SRI. LEELADHAR H.P, ADVOCATE)

AND:

1. CANARA BANK

(ERSTWHILE SYNDICATE BANK)

ATTIBELE BRANCH

Digitally signed by BANGALORE DISTRICT - 562 107

ARUNKUMAR M S

Location : HIGH REP. BY MANAGER.

COURT OF

KARNATAKA

2. MASTER HARSHA

S/O VIJAYAKUMAR

R/AT AREHALLI VILLAGE

MAYASANDRA POST, ATTIBELE HOBLI

ANEKAL TALUK, BANGALORE DISTRICT - 562 107.

3. SRI. CHANDRA MOHAN

R/AT INCHAGANUR VILLAGE ATTIBELE HOBLI, ANEKAL TALUK BANGALORE DISTRICT - 562 107.

…RESPONDENTS (BY SRI. T.P. MUTHANNA, ADVOCATE FOR R1)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS IN O.A.NO.1371/2019 PASSED BY THE DEBT RECOVERY TRIBUNAL-1, KARNATAKA AT BANGALORE AND ALSO RECOVERY CERTIFICATE IN R.C.200/2022 INITIATED BY THE BANK AGAINST THE PETITIONER FOR NOTICE FOR SETTING THE SALE PROCLAMATION UNDER RULE 53 OF THE II SCHEDULED OF THE INCOME TAX ACT AND ALSO THE RECOVERY OF DEBTS AND BANKRUPTCY ACT, 1993 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

In this writ petition, petitioner is assailing the order dated

05.04.2022 in O.A. No. 1371/2019 passed by the Debt Recovery Tribunal-1, Karnataka at Bangalore.

2. Learned counsel representing respondents submitted that the petitioner is having an efficacious remedy under Section 20 of the Recovery of Debts and Bankruptcy Act, 1993. In that view of the matter, without expressing any opinion on the merits of the case, as the learned counsel appearing for the petitioner submitted liberty be granted to the petitioner to approach the Competent Appellate Tribunal. It is also made clear that the period spent by the petitioner before this Court be condoned under Section 14 of the Limitation Act.

3. While, in the event the petitioner approaches the Appellate Tribunal, respondent-bank is directed not to take any precipitative action against the petitioner for a period of six weeks from the date of receipt of copy of this order.

Accordingly, writ petition is disposed of.

SD/-

(E.S.INDIRESH)

JUDGE VS List No.: 1 Sl No.: 40