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2025 DAILYLAW 2962 (KAR)

SHRI SHANTARAJ S/O BABURAO CHIVATE v. THE UNION BANK OF INDIA

WP/100294/2025 · 2025-04-02

Jyoti Mulimani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:5887 WP No. 100294 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 100294 OF 2025 (GM-RES) BETWEEN: 1. SHRI. SHANTARAJ S/O BABURAO CHIVATE, AGE: 59 YEARS, OCC: PRIVATE SERVICE, R/O: H.NO. 27, SIDDARAMESHWAR NAGAR, ANAND NAGAR, HUBBALLI, DIST: DHARWAD, KARNATAKA-580 024. 2. SHRI. GURURAJ S/O BABURAO CHIVATE C/O BABURAO CHIVATE, AGE: 52 YEARS, OCC: PAN SHOP, R/O: H.NO.27, SIDDARAMESHWAR NAGAR, ANAND NAGAR, HUBBALLI, DIST: DHARWAD, KARNATAKA-580 024. … PETITIONERS (BY SRI. D.B.KARIGAR., ADVOCATE) AND: THE UNION BANK OF INDIA, BRANCH OFFICE @ KESHWAPUR, HUBBALLI BRANCH, DIST: DHARWAD, KARNATAKA-580 020, REP. BY AUTHORISED OFFICER, MR. ANISH KUMAR K.C. S/O K.K. CHANDRASEKHARAN, AGE: 42 YEARS, … RESPONDENT (BY SRI. GIRISH S. HULMANI, ADVOCATE) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5887 WP No. 100294 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.D.B.Karigar., counsel for the petitioners and Sri.Girish S.Hulmani., counsel for the respondent have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated 04.01.2025 passed by the Court of I Additional Senior Civil Judge and CJM, Dharwad in Criminal Miscellaneous No.382/2024 vide Annexure-D. 3. The order is passed under Section 14 of the SARFAESI Act. Suffice it to note that as against the order passed under Section 14 of the Act, there is an alternate and statutory remedy of filing an appeal before the DRT. Hence, I decline to exercise power under Writ jurisdiction. Accordingly, Writ Petition is rejected. - 3 - NC: 2025:KHC-D:5887 WP No. 100294 of 2025 Because of the rejection of the Writ Petition, all pending interlocutory applications if any are disposed of and the interim order if any granted by this Court stands discharged. Sd/- (JYOTI MULIMANI) JUDGE RH LIST NO.: 1 SL NO.: 68