- 1 - NC: 2025:KHC-D:4825 WP No. 106624 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 106624 OF 2024 (GM-RES) BETWEEN: 1. M/S. M.S. ELECTRICALS, NO. MIG-491, 16TH CROSS, NAVANAGAR, HUBBALLI-580 025, REPT. BY ITS PROPRIETOR, MR. MOHAMMAD ALI SAIFUDDIN NAVALGUND. 2. MR. MOHAMMAD ALI SAIFUDDIN NAVALGUND, AGE: 60 YEARS, S/O: SAIFUDDIN NAVALGUND, R/AT: NO. MIG-491, 16TH CROSS, NAVANAGAR, HUBBALLI -580 025. 3. MRS. MAMTAZ M.NAVALGUND W/O MR. MOHAMMAD ALI SAIFUDDIN, AGE: 54 YEARS, R/AT: MIG 491, 16TH CROSS, NAVANAGAR, HUBBALLI-580 025. 4. MRS. TABASUM NADAF W/O FAIYAZ AHMED NADAF, AGE: 35 YEARS, R/AT: NO. MIG-491, 16TH CROSS, NAVANAGAR, HUBBALLI-580 025. … PETITIONERS (BY SRI. MONISH.C.P., ADVOCATE) AND: THE AUTHORISED OFFICER, KARNATAKA BANK, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4825 WP No. 106624 of 2024 NAVANAGAR-HUBBALLI BRANCH, HUBBALLI, DHARWAD DISTRICT. … RESPONDENT (BY SRI. C.V.ANGADI., ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR HEARING- INTERLOCUTORY APPLICATION, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Monish C.P., counsel on behalf of Sri.M.A.Rajendra., for the petitioners and Sri.C.V.Angadi., counsel on behalf of caveator/ respondent have appeared in person. 2. The caption Writ Petition is filed seeking a Writ of mandamus to quash the entire measures initiated under Section 14 of the SARFAESI Act. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. The petitioner was a borrower. He committed a default. Hence, the Karnataka Bank initiated proceedings under Section 14 of the SARFAESI Act in Crl.Misc.No.332/2023 on the file of I Additional Senior Civil Judge and C.J.M., Dharwad. The - 3 - NC: 2025:KHC-D:4825 WP No. 106624 of 2024 Trial Court vide order dated 03.10.2023, allowed the petition. As against the said order, the petitioner filed S.A.No.385/2024 before the Debt Recovery Tribunal under Section 17 of the SARFAESI Act. The Tribunal dismissed the appeal on 29.11.2024. The petitioner has not assailed the order passed by the DRT. However, he has filed the captioned writ petition seeking prayer of mandamus to quash the entire measures initiated under Section 14 of the SARFAESI Act. In my view such a prayer cannot be accorded. As already noted above, the 14 order has already been questioned before the DRT and the DRT has already dismissed the appeal. Hence, the Writ Petition is devoid of merits and the same is liable to be rejected. 5. Resultantly, the Writ Petition rejected. 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 CLK List No.: 2 Sl No.: 50