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2025 DAILYLAW 44957 (KAR)

S KASIM S/O SHASHABA v. THE STATE OF KARNATAKA

WP/108004/2024 · 2025-04-07

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:6136 WP No. 108004 of 2024 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. 108004 OF 2024 (GM-RES) BETWEEN: S. KASIM S/O SHASHABA, AGE: 50 YEARS, OCC: BUSINESS, R/O: TAILOR STREET, NEAR PANDURANGA TEMPLE, 24TH WARD, COWL BAZAR, BALLARI-583 101. … PETITIONER (BY SRI. SAURABH A. SONDUR, ADVOCATE) AND: THE STATE BANK OF INDIA, RASMECC BRANCH, 1ST FLOOR, SBM BUILDING, STATION ROAD, BALLARI-583 101, BY ITS AUTHORISED OFFICER/CHIEF MANAGER. … RESPONDENT (BY SRI. GIRISH S. HULMANI, ADVOCATE) 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: Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:6136 WP No. 108004 of 2024 ORAL ORDER Sri.Saurabh A.Sondur., counsel for the petitioner and Sri.Girish A.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 29.08.2024 passed by the Prl. Senior Civil Judge and C.J.M., Ballari in Crl.Misc.No.127/2024 vide Annexure-B and to quash the order dated 19.12.2024 passed by the respondent vide Annexure-C. 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 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. - 3 - NC: 2025:KHC-D:6136 WP No. 108004 of 2024 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 RH LIST NO.: 2 SL NO.: 59