Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 48244 (KAR)

RAJIV GANDHI MEMORIAL VIDYA SAMSTHE v. INCRED FINANCIAL SERVICES LTD.,

WP/103824/2023 · 2025-03-25

Jyoti Mulimani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:5449 WP No. 103824 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 103824 OF 2023 (GM-RES) BETWEEN: RAJIV GANDHI MEMORIAL VIDYA SAMSTHE, R/BY ITS PRESIDENT, MRS. SAVITHA M. W/O. MR. ARUNA PRATAP REDDY, AGE: 47 YEARS, OCC: SELF EMPLOYED, HAVING ITS OFFICE AT 16TH WARD, SADASHIV NAGAR, SIRUGUPPA-583 121, TAL: SIRUGUPPA, DIST: BALLARI. … PETITIONER (BY SRI. SRINAND.A.PACHHAPURE., ADVOCATE) AND: 1. INCRED FINANCIAL SERVICES LTD., (FORMERLY KNOWN AS VISU LEASING AND FINANCE PVT. LTD.,) HAVING ITS OFFICE AT 87-B, 2ND FLOOR, BABA HOUSE, SHAHAPURJAT, NEW DELHI-110 049, ONE OF ITS REGIONAL OFFICE AT 57-2-15, 2ND FLOOR, PANTAKALUVA, VIJAYAWADA-520 010, R/BY ITS AUTHORIZED OFFICER, SRI. MVN JANARDHAN RAO. 2. SRI. K. KRISHNA KISHORE REDDY S/O. MANCHALI HANUMANTHA, AGE ABOUT 55 YEARS, OCC: SELF EMPLOYED, R/O: 16TH WARD, SADASHIVA NAGAR, SIRUGUPPA, TAL: SIRUGUPPA, DIST: BALLARI-583 121. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5449 WP No. 103824 of 2023 3. SRI. M. SATYANARAYANA REDDY S/O. MANCHALI HANUMANTHA, AGE ABOUT 46 YEARS, OCC: SELF EMPLOYED, R/O: WARD NO.124, ALABANUR ROAD, BM SUGAR, BEVINAMARADA SUGARU, HATCHOLLI, TAL: SIRUGUPPA, DIST: BALLARI-583 121. 4. MRS. B. SRAVANTHI W/O. M. SATYANARANA REDDY, AGE ABOUT 37 YEARS, OCC: SELF EMPLOYED, R/O: WARD NO.124, ALABANUR ROAD, BM SUGAR, BEVINAMARADA SUGARU, HATCHOLLI, TAL: SIRUGUPPA, DIST: BALLARI-583 121. 5. M/S. SRI. BHUVANESHWARI EDUCATIONAL SOCIETY, R/BY ITS PRESIDENT AND SECRETARY, OFFICE AT D. NO.1772, SIRUGUPPA TOWN, TAL: SIRUGUPPA, DIST: BALLARI-583 121. … RESPONDENTS (BY SRI. PRASHANT.S.HOSAMANI., ADVOCATE FOR R1; NOTICE TO R2-DISPENSED WTH) 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: ORAL ORDER Sri.Srinand A.Pachhapure., counsel for the petitioner and Sri.Prashant S.Hosamani., counsel for respondent No.1 have appeared in person. - 3 - NC: 2025:KHC-D:5449 WP No. 103824 of 2023 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated 11.04.2023 passed by the Court of Principal Senior Civil Judge and CJM, Ballari in Criminal Miscellaneous No.89/2022 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 statutory remedy of filing an appeal before the DRT. Hence, I decline to exercise power under Writ jurisdiction. If at all the petitioner has any grievance it may approach the appropriate forum, if so advised. 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 RH,MRP LIST NO.: 1 SL NO.: 51