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NC: 2026:KHC:6330

WP No. 443 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE ASHOK S.KINAGI

WRIT PETITION NO. 443 OF 2025 (GM-DRT)

BETWEEN:

M/S. BASAVARAJENDRA HOSPITAL

A PARTNERSHIP FIRM

REPRESENTED BY ITS PARTNER

DR. M BASAVARAJENDRA,

OFFICE AT #785, SY NO.123/2 AND 123/1A

MARIYALA VILLAGE, KASABA HOBLI

CHAMARAJANAGAR - 571313

HOSPITAL REGISTRATION NO.CNR00037AAHP

PH NO. 9449132040

Digitally

signed by

SHILPABAI S

Location:

HIGH …PETITIONER

COURT OF

KARNATAKA

(BY SRI. PRAMATH M.S, ADV. FOR

SRI. RUDRABHUSHAN C B. ,ADV.)

AND:

THE AUTHORIZED OFFICER

M/S TUMKUR GRAIN MERCHANTS

CO-OPERATIVE BANK LTD.,

ADMIN OFFICE B H ROAD,

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NC: 2026:KHC:6330

WP No. 443 of 2025

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TUMKUR - 572103

KARNATAKA PH.0816-2257636/4021102-03

EMAIL. TGMC.HO@TGMCBANK.COM

REPRESENTED BY ITS CHIEF MANAGER

HAVING ITS BRANCH AT

#344, NO.11/2, WARD NO. 36

DEVRAJ MOHALLA KRISHNA VILAS ROAD

MYSORE - 570 001

PH. 0821-2448728

EMAIL.TGMC.MYSORE@TGMCBANK.COM

…RESPONDENT

(BY SRI. LOKESH K V AND LAW VIBES., ADV)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

QUASH / SET ASIDE THE IMPUGNED ORDER DTD. 06.01.2025

PASSED BY HONBLE DEBT RECOVERY TRIBUNAL-II

BENGALURU IN S.A.NO.183 OF 2024 VIDE ANNX-A, GRANT AN

INTERIM ORDER TO STAY ON IMPUGNED ORDER DTD.

06.01.2025 PASSED BY HONBLE DEBT RECOVERY TRIBUNAL-II

BENGALURU IN S.A.NO. 183 OF 2024 VIDE ANNX-A.A-

THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

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

ORAL ORDER

The petitioner filed this writ petition challenging the

order dated 06.01.2025 passed in interlocutory application

No.1589/2024 in S.A.No.183/2024 by the learned Debts

Recovery Tribunal-II, Bengaluru vide Annexure-A.

2. Brief facts, leading rise to the filing of this writ

petition are as follows:

The petitioner filed the writ petition in W.P.No.7738/

2024. The said writ petition came to be disposed of vide

order dated 26.07.2024, by directing the petitioner to

approach the Debt Recovery Tribunal, Bengaluru under

Section 17 of the Securitisation and Reconstruction of

Financial Assets and Enforcement of Security Interest Act,

2002 (for short ‘the SARFAESI Act’). Pursuant to the order

passed by this Court in the aforesaid writ petition, the

petitioner approached the Debt Recovery Tribunal,

Bengaluru, and also filed an application under Section 5

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read with Section 14 of the Limitation Act, 1963 (for short,

the Act of 1963’) to condone the delay of 19 days in filing

the securitization application. The said application was

rejected by the Debt Recovery Tribunal-II, Bengaluru vide

order dated 06.01.2025. The petitioner, aggrieved by the

impugned order passed by the Debt Recovery Tribunal-II

in interlocutory application No.1589/2024 passed in

S.A.No.183/2024 filed this writ petition.

3. Heard the arguments of the learned counsel for

the petitioner, and also the learned counsel for the

respondent.

4. Learned counsel for the petitioner submits that

the petitioner had wrongly approached this Court in

W.P.No.7738/2024. This Court disposed off the said writ

petition with a liberty to the petitioner to approach the

Debt Recovery Tribunal. Pursuant to the order passed by

this Court, the petitioner approached the Debt Recovery

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Tribunal along with an application under Section 5 read

with Section 14 of the Act of 1963. The Tribunal rejected

the said application, and he submits that the Tribunal

committed an error in not considering the judgment

passed by the Division Bench of this Court in the case of

SMT. V. SHOBHA VS. M/S. ASSETS RECONSTRUCTION BANK

COMPANY (INDIA) LIMITED AND OTHERS in

W.P.NO.12800/2015, wherein the Hon'ble Division

Bench disposed off the writ petition vide order dated

16.09.2025. He submits that the Tribunal has rejected the

application on hyper technical ground

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