Karnataka High Court
WP/29972/2026 of M/S.GEMINI STEEL TUBES LTD. Vs KOTAK MAHINDRA BANK LIMITED on 22 September 2026
CNR: KAHC010654142026 NC: 2026:KHC:52094 WP No. 29972 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 29972 OF 2026 (GM-DRT) BETWEEN: 1. M/S.GEMINI STEEL TUBES LTD. A COMPANY
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 29972 OF 2026 (GM-DRT)
BETWEEN:
1.
M/S.GEMINI STEEL TUBES LTD.
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT,
HAVING ITS REGISTERED OFFICE AT
NO.55, KIADB INDUSTRIAL AREA,
CHINTAMANI ROAD, HOSKOTE,
BANGALORE - 562 114,
REPRESENTED BY ITS MANAGING DIRECTOR
MR. VINOD A. GUPTA
2.
MR.VINOD A. GUPTA
AGED ABOUT 78 YEARS,
RESIDING AT NO. 22,
ORCHARD APARTMENTS,
SANKEY ROAD, SADASHIVNAGAR,
VYALIKAVAL,
…PETITIONERS
(BY SRI. RUDRABHUSHAN C.B., ADVOCATE)
AND:
1.
KOTAK MAHINDRA BANK LIMITED
(FORMERLY ING VYSYA BANK LTD.),
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT,
HAVING ITS ARM BRANCH OFFICE AT
HC-KAR
HARA CHAMBERS, 22, KH ROAD,
BANGALORE - 560 027,
REPRESENTED BY ITS BRANCH HEAD/
AUTHORISED OFFICER
2.
MR. RAVINDRA KUMAR AGARWAL
NO.55, KIADB INDUSTRIAL AREA,
CHINTAMANI ROAD, HOSKOTE,
BANGALORE - 562 114
AND ALSO RESIDING AT NO. 504/507,
SILVER OAKS GARDEN APARTMENTS,
VITTAL MALLYA ROAD,
BANGALORE - 560 001
3.
RAJAN AGGARWAL
S/O. RAVINDRA KUMAR
AGARWAL,
AGED ABOUT 40 YEARS,
RESIDING AT NO. 504-507,
SILVER OAKS GARDEN APARTMENTS,
VITTAL MALLYA ROAD,
4.
BHUSHAN POWER AND STEEL LTD.
(I) BANGALORE OFFICE
NO. 937, 1ST FLOOR,
16TH MAIN ROAD,
2ND STAGE, BTM LAYOUT,
BANGALORE - 560 076
(II) HEAD OFFICE
NO. 3, INDUSTRIAL AREA,
PHASE-I, CHANDIGARH - 160 002
…RESPONDENTS
HC-KAR
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT
OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER
OR DIRECTION QUASHING AND SETTING ASIDE THE ORDER
DATED 12.06.2026 PASSED BY THE HONBLE DEBTS RECOVERY
TRIBUNAL-II, BENGALURU, IN I.A. NO. 2664 OF 2025 IN TA
NO. 148 OF 2017 (PRODUCED HEREWITH AS ANNEXURE-A).
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORAL ORDER
The present writ petition is filed seeking for the following reliefs: "a) Issue a writ of certiorari or any other appropriate writ, order or direction quashing and setting aside the order dated 12.06.2026 passed by the Hon'ble Debts Recovery Tribunal-II, Bengaluru, in I.A. No.2664 of 2025 in TA No.148 of 2017 (produced herewith as Annexure-A);
b) Consequently allow I.A.No.2664 of 2025 vide Annexure-G filed by the petitioners seeking production of the valuation reports, sale notices, auction bid forms, payment proofs and related documents;
c) Issue a writ of certiorari or any other appropriate writ, order or direction quashing and setting aside the order dated 12.06.2026 passed by the Hon'ble Debts Recovery Tribunal-II, Bengaluru, in I.A.No.2665 of 2025 in TA No.148 of 2017 (produced herewith as Annexure-B);
HC-KAR
d) Consequently allow I.A.No.2665 of 2025 Annexure- H filed by the petitioners seeking permission to cross-examine the witness of the applicant bank;
e) Pass any other order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice and equity."
2. The petitioners seeks to impugn the orders dated 12.06.2026 (Annexures A and B to the writ petition), whereunder the interim applications filed by the petitioners who was arrayed as respondents in the proceedings initiated by respondent No.1 - Bank before the Debts Recovery Tribunal II, Bengaluru1 have been rejected. Respondent No.1 has initiated the recovery proceedings under Section 19 of the Recovery of Debts and Bankruptcy Act, 19932. The petitioners have been have been arrayed as respondents in the said proceedings and also made a counter claim. An appeal remedy is available to the petitioners under the provisions of the said Act, to assail impugned orders dated 12.06.2026.
3. Although, learned counsel for the petitioners relies on various judgments and submits that the orders impugned 1 Hereinafter referred as to 'DRT' 2 Hereinafter referred as to 'Act'
HC-KAR
are passed contrary to the statutory stipulations, having regard to the fact that, the contentions put forth by the petitioners are on the merits of the interim applications, in the considered opinion of this Court, it is expedient that the adjudication of the said contentions in exercise of the extraordinary discretionary jurisdiction of this Court under Article 226 of the Constitution of India is not undertaken.
4. Accordingly, the present writ petition stands is disposed of.
5. This order shall not preclude the petitioners from availing such remedies as may be permissible under law.
(C.M. POONACHA) JUDGE
PNV List No.: 1 Sl No.: 38