Karnataka High Court

WP/18721/2026 of SRI NITIN GUPTA Vs STATE BANK OF INDIA on 11 September 2026

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CNR: KAHC010410232026 NC: 2026:KHC:49971 WP No. 18721 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 18721 OF 2026 (GM-DRT) BETWEEN: SRI NITIN GUPTA S/O CHANDRA PRAKASH GUPTA AGED

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11TH DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE C.M. POONACHA

WRIT PETITION NO. 18721 OF 2026 (GM-DRT)

BETWEEN:

SRI NITIN GUPTA

S/O CHANDRA PRAKASH GUPTA

AGED ABOUT 41 YEARS

R/AT NO.JJ-103, CONCORDE MANATTAN

NEELADRI ROAD

ELECTRONIC CITY PHASE 1

BENGALURU - 560 100

…PETITIONER

(BY SRI. RICAB CHAND K., ADVOCATE)

AND:

1.

STATE BANK OF INDIA

STREESSED ASSESTS RECOVERY BRNACH

11/90 3RD FLOOR

J C ROAD

BENGALURU - 560 002

2.

M/S. I.T. ESTATES

NO.2 DEVASANDRA OFF BEL ROAD

BANGALORE - 560 094

REPRESENTED BY ITS PROPRIETOR

SRI N D RAVI

PROPRIETORSHIP CONCERNED

HC-KAR

3.

SRI N.D. RAVI

S/O SRI DORAIASWAMY RAJU

NO.2 DEVASANDRA

OFF BEL ROAD

BANGALORE - 560 094

4.

SRI K P VISHWANATHA

S/O SRI K S PARTHASARATHY

R/AT 27 5TH CROSS

7TH MAIN 2ND BLOCK

JAYANAGARA

BANGALORE - 560 011

5.

SRI K P HARINATHA

S/O SRI K S PARTHASARATHY

R/AT NO.27 5TH CROSS

7TH MAIN 2ND BLOCK

JAYANAGARA

BANGALORE - 560 011

6.

SRI L K MANI

S/O. SRI L KRISHNAIAH SHETTY

SRITA NO.1414

23RD MAIN ROAD

BANASHANAKARI SECOND STAGE

BANGALORE - 560 070

7.

SRI P DEVENDER REDDY

S/O SRI P AMRUTHA REDDY

NO.1-9-912/1 POSTAL COLONY

HANUMAKONDA

WARANGAL DISTRICT

TELANGANA - 506 001

…RESPONDENTS

HC-KAR

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA PRAYING TO-QUASHING THE

IMPUGNED FINAL ORDER DATED 27.03.2026 PASSED BY THE

DEBTS RECOVERY TRIBUNAL-II, BENGALURU, IN O.A. NO.

1474/2020 (ANNEXURE -A), INSOFAR AS IT FASTENS JOINT, SEVERAL, AND PERSONAL LIABILITY UPON THE PETITIONER.

THIS

PETITION,

COMING

ON

FOR

PRELIMINARY

HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL ORDER

In view of the fact that the petitioner is seeking to assail the final order dated 27.03.2026 passed in O.A. No. 1474/2020 (Annexure-A to the writ petition) by the Debts Recovery Tribunal-II, Bengaluru, having regard to the fact that the petitioner has an alternative efficacious remedy of an appeal as contemplated under Section 30 of the Recovery of Debts and Bankruptcy Act, 1993, the present petition is disposed of, reserving liberty to the petitioner to avail the remedy as noticed above. Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA

HC-KAR

2. The petitioner shall be entitled to seek exclusion of the time spent in pursuing the present writ proceedings for the purpose of computing the limitation period for filing the appeal.

3. All contentions on the merits of the matter are kept open.

4. The certified copies be returned to the petitioner, subject to the same being replaced with photocopies.

(C.M. POONACHA) JUDGE TMP List No.: 1 Sl No.: 3 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA

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