- 1 - NC: 2025:KHC:5451 WP No. 51227 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 51227 OF 2019 (GM-RES) BETWEEN: 1. SMT. S.SUMITHRA W/O M.GAJENDRA, AGED ABOUT 43 YEARS, R/A NO.189, 13TH CROSS, NEAR ANJINEYA TEMPLE, NAGAWARAPALYA, C.V.RAMAN POST, BENGALURU-560 093. 2. SRI.M.GAJENDRA S/O LATE MUNIVENKATAPPA, AGED ABOUT 47 YEARS, R/A NO.189, 13TH CROSS, NEAR ANJINEYA TEMPLE, NAGAWARAPALYA, C.V.RAMAN POST, BENGALURU-560 093. …PETITIONERS (BY SRI. PRAKASH SHETTY.S., ADVOCATE) AND: 1. ANDHRA BANK SME NACHARAM BRANCH, BRT ENCLAVE, NACHARAM, HYDERABAD-500 076. REPRESENTED BY ITS AUTHORIZED OFFICER, SRI ABHINAW RAJ, S/O LATE VIRENDRA PRASAD, AGED ABOUT 41 YEARS. Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5451 WP No. 51227 of 2019 2. M/S SMAAT INDIA PVT LTD., (FORMERLY SMAAT AQUA TECHNOLOGIES PVT LTD)., 3-9-554/9A, RAGALA ENCLAVE, NEAR SAHARA ESTATE, HYDERABAD-560 068. REP BY ITS AUTHORIZED SIGNATORY. 3. SRI. M.KARUNAKAR REDDY MANAGING DIRECTOR, M/S.SMAAT INDIA PVT LTD., (FORMERLY SMAAT AQUA TECHNOLOGIES PVT LTD)., PLOT NO.12, WARD NO.8, HANUMAN NAGAR, KARMANGHAT, HYDERABAD-500 097. RES: 6-104, OLD MALHAR, SAHARA ESTATES, MANSOORABAD, HYDERABAD-560 068. 4. SWETHA REDDY DIRECTOR, M/S. SMAAT INDIA PVT LTD., (FORMERLY SMAAT AQUA TECHNOLOGIES PVT LTD)., PLOT NO.12, WARD NO.8, HANUMAN NAGAR, KARMANGHAT, HYDERABAD-500 097. RES: 6-104, OLD MALHAR, SAHARA ESTATES, MANSOORABAD, HYDERABAD-560 068. 5. SRI NAMAKEERTHY VENKAPPA PLOT NO.12, WARD NO.8, HANUMAN NAGAR, KARMANGHAT, HYDERABAD-500 097. RES 2, HORAMAVU VILLAGE, KALKERE MAIN ROAD, BENGALURU-560 043. 6. M/S. KMR ENTERPRISES PARTNERS: SRI M.KARUNAKAR REDDY, RES 6-104, OLD MALHAR, SAHARA ESTATE, - 3 - NC: 2025:KHC:5451 WP No. 51227 of 2019 MANSOORABAD, HYDERABAD-560 068. …RESPONDENTS (BY SRI. S.R.NARAYANAPPA., ADVOCATE FOR SRI. B.S.JEEVAN KUMAR., ADVOCATE FOR R1; R2, 3, 4, 5 & 6 ARE SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.S.R.Narayanappa., counsel on behalf of Sri.B.S.Jeevan Kumar., for respondent No.1 has appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated 28.01.2019 passed by XI Addl. Chief Metropolitan Magistrate Bengaluru in C.Mis.No.50450/2018 vide Annexure-J. 3. Heard the arguments and perused the Writ papers with care. 4. 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 - 4 - NC: 2025:KHC:5451 WP No. 51227 of 2019 statutory remedy of filing an appeal before the DRT. The Writ Petition is devoid of merits and is liable to be dismissed. 5. Resultantly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 6