HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE ASHOK S.KINAGI

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

C/W

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

IN WP No. 4714/2022

BETWEEN:

SRI HARISHITH YADAV B

S/O K BALARAJ

AGED ABOUT 27 YEARS,

R/AT NO.A/3/774, 3^RD MAIN,

Digitally GOKULA MATHIKERE signed by BENGALURU-560054

SUNITHA K S

Location: …PETITIONER

HIGH COUR T

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

OF

KARNATAKA

AND:

1. UCO BANK

VIJAYANAGAR BANCH,

NO.1263/4, NEAR KHB COLONY BUS STOP

M M LAYOUT, MAGADI ROAD

BENGALURU-560079

REPRESENTED BY ITS AUTHORIZED OFFICER

2. SMT ANUSUYA W/O D M NAGARAJ

HC-KAR AGED ABOUT 52 YEARS, R/AT NO.14/3, NANDA GOKULA

8^TH CROSS DIVANARA PALYA GOKULA EXTENSION, BANGALORE-560054 …RESPONDENTS (BY SRI. K.R. PARASHURAM, ADVOCATE FOR C/R IN CP

12597/2020)

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.

IN WP NO. 301/2022 BETWEEN:

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.

...PETITIONER (BY SRI. KUMBAR VASANT FAKEERAPPA., ADVOCATE)

HC-KAR AND:

1. 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

2. 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.

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

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.

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

HC-KAR CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

ORAL ORDER

The petitioners filed these writ petitions aggrieved by 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.

2. 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, these petitions are not maintainable in view of the exposition of law laid down by the Hon'ble Apex Court in HC-KAR case of Rikhab Chand Jain Vs. Union of India and Others, 2025 SCC OnLine SC 2510

3. Considering the exposition of law laid down by the Hon'ble Apex Court, the writ petitions are liable to be dismissed. Accordingly, I proceed to pass the following:

ORDER

i. The writ petitions are dismissed ii. A liberty is reserved to the petitioners to approach the Appellate Authority, if so desired;

iii. Pending IA(s), if any, shall stand disposed of accordingly.

Sd/-

(ASHOK S.KINAGI)

JUDGE PA CT:KHV List No.: 1 Sl No.: 1