- 1 - HC-KAR NC: 2025:KHC:26406 WP No. 9889 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 9889 OF 2025 (GM-RES) BETWEEN: 1. MR. ANSAR PASHA S/O MOHAMMED MUNAT, AGED ABOUT 41 YEARS, 2. MRS. SYEDA NAJMUNNISA W/O ANSAR PASHA, AGED ABOUT 36 YEARS BOTH ARE R/AT NO.2, 16TH CROSS, HEGGADE COLONY, TUMAKURU DISTRICT, KARNATAKA - 572 101. 3. MRS. AKTHAR UNNISA W/O MOHAMED MUNAF AGED ABOUT 64 YEARS NO.EGGADE COLONY TUMAKURU - 572 101. …PETITIONERS (BY SRI. MOHAMED UMMAR FAROOQ, ADVOCATE) AND: 1. M/S. TYGER CAPITAL PRIVATE LTD., (EARLIER KNOWN AS ADANI CAPITAL PRIVATE LIMITED) Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26406 WP No. 9889 of 2025 REP. BY ITS AUTHORIZED OFFICER, B.K.NAVEEN, AGED ABOUT 36 YEARS, REGISTERED OFF AT NO.1136, 1ST FLOOR, YELAHANKA, KHB B SECTOR, YELAHANKA NEW TOWN, BENGALURU - 560 064. …RESPONDENT (BY SRI. B.C. AVINASH, ADVOCATE) THIS WP IS FIELD UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I). DIRECTION TO SET ASIDE IMPUGNED ORDER DATED- 05/03/2025 ISSUED BY THE HON'BLE COURT OF 1ST ADDL. SENIOR CIVIL JUDGE AND C.J.M. TUMAKURU, IN THE CRL. MISC.NO.13/2025 VIDE ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER 1. The petitioners have called in question the correctness of the order dated 05.03.2025 passed by the I Addl. Senior Civil Judge and CJM, Tumakuru in Crl.Misc.No.13/2025 at Annexure-A. - 3 - HC-KAR NC: 2025:KHC:26406 WP No. 9889 of 2025 2. The said proceedings relating to recovery of possession under Section 14 of the SARFAESI Act. 3. Learned counsel for the respondent submits that pursuant to the order at Annexure-A, possession has been recovered. 4. It is further submitted that the substantive relief against the order at Annexure-A is under Section 17 of the SARFAESI Act before the Debt Recovery Tribunal. 5. Taking note of the availability of the substantive remedy, the petitioners are relegated to avail of the substantive remedy under Section 17 before the DRT. 6. Time spent before this Court may be taken note of appropriately in the event of any objection regarding limitation before the DRT. Accordingly, the petition is disposed off. All contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 1 Sl No.: 43 CT: BHK