- 1 - HC-KAR NC: 2025:KHC:47432 WP No. 15940 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 15940 OF 2023 (GM-RES) BETWEEN: 1. M/S JAYADEV MOTORS REPRESENTED BY ITS PROPRIETOR, MR JAYARAM SUVARNA, S/O LATE LOKAYYA POOJARY, AGED ABOUT 53 YEARS 2. MR JAYARAM SUVARNA S/O LATE LOKAYYA POOJARY, AGED ABOUT 53 YEARS, PROPRIETOR M/S JAYADEV MOTORS, 3. M/S JAYADEV AUTOMOBILES REPRESENTED BY ITS PARTNERS, i) MR JAYARAM SUVARNA S/O LATE LOKAYYA POOJARY, AGED ABOUT 53 YEARS, ii) MRS RENU SUVARNA W/O JAYARAM SUVARNA, AGED ABOUT 49 YEARS, iii) MR ANISH J SUVARNA S/O JAYARAM SUVARNA AGED ABOUT 23 YEARS, PETITIONERS NO.1 TO 6 ARE R/AT : NO.1ST CROSS, ARJ ARCADE, UDUPI-MANIPAL ROAD, HAYAGREEVANAGARA, INDRALI, UDUPI - 576 102 4. MRS RENU JAYARAM SUVARNA Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47432 WP No. 15940 of 2023 W/O JAYARAM SUVARNA, AGED ABOUT 49 YEARS, H.NO.4-343A1, HAYAGREEVANAGARA, 1ST CROSS, INDRALI, SHIVALI, KUNJIBETTU, UDUPI - 576 102 5. M/S THE WAREHOUSE GYM A PARTNERSHIP FIRM REP BY ITS MANAGING PARTNER, SHRI SOUJANYA ANANDA SHETTY, HAVING ADDRESS AT : FLAT NO.101, SAI RADHA PRIDE F WING, BRAHMAGIRI, UDUPI - 576 101 …PETITIONERS (BY SRI. RAJENDRA M.A., ADVOCATE) AND: THE AUTHORISED OFFICER M/S ASREC(INDIA)LTD, IT’S A COMPANY INCORPORATED UNDER THE COMPANY'S ACT, 1956 SOLITAIRE CORPORATE PARK, BUILDING NO.2, GROND FLOOR, ANDHERI GHATKOPAR LINK AND CHAKALA, ANDHERI(E) MUMBAI 400 093, THROUGH ITS AUTHORISED OFFICER, SHRI. N. MANJUNATH, AGED ABOUT 46 YEARS …RESPONDENT (BY SRI. SHETTY VIGNESH SHIVARAM, ADVOCATE) ------ THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/SET ASIDE THE IMPUGNED ORDER (ANNEXURE-A), PASSED BY THE HONBLE PSCJ AND CJM, UDUPI, IN CRL MISC. 93/2023 DATED 30.06.2023 (ANNEXURE-A) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2025:KHC:47432 WP No. 15940 of 2023 ORAL ORDER Heard learned counsel appearing for the parties. 2. In this petition, the petitioners are assailing the order dated 30.06.2023, passed in Crl Mis.Case No.93/2023 by the Principal Senior Civil Judge and CJM, Udupi. 3. Having heard the learned counsel for the parties and taking into consideration the proceedings before the Court under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'the SARFAESI Act'), I am of the view that, the petitioner is having an efficacious remedy to approach the Competent Tribunal under Section 17 of the SARFAESI Act. 4. With the aforesaid observation, writ petition is disposed of reserving liberty to the petitioners to approach the Competent Tribunal, if so advised. It is also to be noted that, in the event the petitioners approach the Competent Tribunal, as stated above, within four weeks from the date of receipt of this order, the Competent - 4 - HC-KAR NC: 2025:KHC:47432 WP No. 15940 of 2023 Tribunal shall condone the period spent by the petitioners before this Court under Section 14 of the Limitation Act, 1963. In view of the disposal of the petition, I.A.1/24 and I.A.1/25 do not survive for consideration and are disposed of accordingly. SD/- (E.S.INDIRESH) JUDGE rs List No.: 1 Sl No.: 21