Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:6090 WP No. 102310 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 102310 OF 2025 (GM-RES) BETWEEN:
1.
M/S SHIVANI SERVICE STATION, HAVING ITS OFFICE AT NO.1, MAVALLI MURDESHWAR, UTTARA KANNADA-581 320, R/BY ITS PROPRIETOR, MR. RAMAKRISHNA M. NAIK.
2.
MR. RAMAKRISHNA M. NAIK S/O. MAHADEV NAIK, AGED ABOUT 50 YEARS, R/A: NO.126/1, N H 66, FISH INDIA ICE FACTORY, VENKATAPURI JALI, UTTARA KANNADA-581 320.
3.
MRS. LEENA KURIAKOSE PARAYANCHAL W/O. RAMAKRISHNA M. NAIK, AGED ABOUT 45 YEARS, R/A: NO.126/1, N H 66, FISH INDIA ICE FACTORY, VENKATAPURI JALI, UTTARA KANNADA-581 320.
… PETITIONERS (BY SRI. LINGESH V. KATTEMANE, ADVOCATE FOR SRI. R. NAGENDRA NAIK, ADVOCATE)
AND:
ICICI BANK LTD., NO.4/10, 1ST FLOOR, WEST WING, MYTHRI CENTRE, HOSUR ROAD,
Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC-D:6090 WP No. 102310 of 2025
BOMMANAHALLI, BENGALURU-560 068, R/BY ITS AUTHORIZED OFFICER.
… RESPONDENT (BY SRI. PRASHANT S. HOSAMANI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.Lingesh V.Kattemane., counsel on behalf of Sri.R.Nagendra Naik., for the petitioners and Sri.Prashant S.Hosamani., 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 15.03.2025 passed by the Prl. Senior Civil Judge and C.J.M at Karwar in Crl.Misc.No.39/2024 vide Annexure-A.
3. Counsel for the respective parties urged several
contentions. 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
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NC: 2025:KHC-D:6090 WP No. 102310 of 2025
statutory remedy of filing an appeal before the DRT. Hence, I decline to exercise power under Writ jurisdiction.
5. Resultantly, the Writ Petition is dismissed. Because of the dismissal 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 MRP,RH LIST NO.: 2 SL NO.: 18