- 1 - NC: 2025:KHC:4390 WP No. 8898 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 8898 OF 2020 (GM-RES) BETWEEN: SYED SHAMI S/O SYED RASOOL, AGED 40 YEARS, R/AT NO.703, BEEDI WORKERS COLONY, AZEEZ SAIT ROAD, MYSURU-570 019. …PETITIONER (BY SRI. B.LETHIF., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, AND THE DISTRICT EXECUTIVE MAGISTRATE, MYSURU DISTRICT, MYSURU-575 001. 2. AUTHORIZED OFFICER, REPCO HOME FINANCE LTD., REGD. OFF AT REPCO TOWER NO.3, NORTH USMAN ROAD, T.NAGARA, CHENNAI-600 017. …RESPONDENTS (BY SRI. MANJUNATHA RAYAPPA., AGA FOR R1; SRI. BHARATH.K. & SRI. N.S.SURESHA., ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:4390 WP No. 8898 of 2020 THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.B.Lethif., counsel for the petitioner, Sri.Manjunatha Rayappa., AGA for respondent No.1 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated 17.03.2020 passed by the first respondent in Case No.MAG(3)Misc/51/2020 vide Annexure-A. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. The impugned order is furnished along with the Writ Petition and the same is marked as Annexure-A. A perusal of the same reflects that the Deputy Commissioner has passed the order under Section 14(1) of the SARFAESI Act. Suffice it to note that as against the order passed under Section 14(1) of the Act, there is an alternate and statutory remedy of filing an appeal before the DRT. - 3 - NC: 2025:KHC:4390 WP No. 8898 of 2020 A perusal of the daily order sheet reflects that this Court vide order dated 03.08.2020 granted interim order subject to petitioner depositing a sum of Rs.2,00,000/- with the second respondent. 5. Counsel Sri.B.Lethif., on instruction submits that pursuant to the interim order, the petitioner has deposited the amount with the second respondent. The oral submission made by counsel for the petitioner is placed on record. 6. The Writ Petition is disposed of with a liberty to the petitioner to avail alternate and statutory remedy of filing an appeal before the DRT. It is made clear that the interim order granted by this Court shall continue to operate till the consideration of interim application that would be filed by the petitioner before the DRT. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 2 Sl No.: 41