- 1 - HC-KAR NC: 2025:KHC:39004 WP No. 7877 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE JAYANT BANERJI WRIT PETITION NO. 7877 OF 2025 (GM-CPC) BETWEEN: 1. M/S SHRINIVAS TRADING AND TRANSPORTS R/BY IT'S PROPRIETOR, MRS. NITHYASHREE, D.NO. 4-199(9), 2ND FLOOR, B.J.M COMPLEX, MARPADY VILLAGE, MOODABIDRI, D.K – 574 227 A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956. 2. MR. RAJA, S/O. PADMANABHA SAPHALIGA, AGED ABOUT 44 YEARS, R/AT. H.NO. 3-19, D MATHRSHREE HOUSE, PADIYAR PADUMARNAD POST, MOODABIDRI, KARNATAKA – 574 213. 3. SUDARSHAN SHETTY S/O BABU SHETTY AGED ABOUT 46 YEARS, R/AT 1/109, PARAMBULA, MUDUMARNAD, BELTHANGADY, D.K. – 574 213. …PETITIONERS (BY MISS. DEEPTHI SHETTY, ADVOCATE FOR SRI. DHANANJAY KUMAR, ADVOCATE) Digitally signed by K G RENUKAMBA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39004 WP No. 7877 of 2025 AND: M/S SHRIRAM TRANSPORT FINANCE COMPANY LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS BRANCH OFFICE AT 1ST FLOOR, FORTUNE HIGHWAY, NEAR BADAGA BASADI, JAIN PETE, ALANGAR, MOODABIDRI, MANGALURU, D.K. – 574 227. REPRESENTED BY ITS GPA HOLDER, MR. NAVEEN KUMAR A. …RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE WARRANT DATED 30.11.2024, 18.12.2024 AND ATTACHMENT WARRANT OF MOVABLES DATED 21.01.2025 IN COM. EX.C. 238/2023 PENDING BEFORE THE I ADDL. DISTRICT JUDGE, COMMERCIAL DIVISION, MANGALORE, DAKSHINA KANNADA, VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI ORAL ORDER This petition has been filed seeking the following relief: i) Issue a writ of certiorari, by quashing the warrant dated 30.11.2024, 18.12.2024 and attachment warrant of movables dated 21.01.2025 in Com.Ex.C. 238/2023 pending before the I Additional District Judge, Commercial Division, Mangalore, Dakshina Kannada, vide Annexure-A. - 3 - HC-KAR NC: 2025:KHC:39004 WP No. 7877 of 2025 ii) Issue any other order or direction under the facts and circumstances of the present case, to grant such other relief as this Hon'ble Court would deem fit to be granted, in the interest of justice and equity. 2. 2. It is contended by the learned counsel for the petitioners that the decree was for payment of money and the orders of attachment of moveables as well as the arrest warrants have been issued against the petitioners, which is in violation of the fundamental rights, as it is disproportionate to the principal amount of the loan. 3. It is pertinent to mention here that the matter arises out of a suit and the orders passed in the suit cannot be stated to be in violation of the fundamental rights. 4. In any view of the order against attachment of property, a remedy is available under Order XXI Rule 58 of Code of Civil Procedure, 19081, which can be availed of by the petitioners, if the petitioners are so advised. The warrant for arrest too needs no interference in as much as the Court is proceeding with execution of the decree and it had not been 1 CPC - 4 - HC-KAR NC: 2025:KHC:39004 WP No. 7877 of 2025 demonstrated by the learned counsel for the petitioner that there exists any illegality in the procedure being adopted by the executing Court. 5. I find no merit in this petition and it is accordingly dismissed. Sd/- (JAYANT BANERJI) JUDGE KGR List No.: 1 Sl No.: 20