- 1 - HC-KAR NC: 2025:KHC:46383 CRL.RP No. 1581 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL REVISION PETITION NO. 1581 OF 2025 BETWEEN: M/s. HDFC BANK LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT HDFC BANK HOUSE, SENAPATI BAPAT MARG LOWER PAREL (WEST) MUMBAI - 400 013 ALSO HAVING ITS OFFICE AT M/S HDFC BANK LTD, HDFC HOUSE NO.51, KASTURBA ROAD, BENGALURU - 560 001. REP BY ITS AUTHORISED REPRESENTATIVE MR. SHRIDHAR CHINNI. …PETITIONER [BY SRI RAGHURAM CADAMBI, ADVOCATE (PH)] AND: 1. MR. VIJAYSIMHA A R., NO.612, SIMHADRI, 7TH CROSS, 7TH PHASE, AUDEN SCHOOL ROAD, BSK 3RD STAGE, BANASHANKARI, BENGALURU - 560 085. ALSO AT MR. VIJAYSIMHA A R., G-CORP POWER PRIVATE LIMITED DIRECTOR, NO.81/37, THE HULKUL, GROUND FLOOR, LAVELLE ROAD, SHANTHALA NAGAR, BENGALURU GPO, BENGALURU - 560 001. Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:46383 CRL.RP No. 1581 of 2025 ALSO AT: FLAT-B-001, TOWER B, GROUND AND FIRST FLOOR, HOYSALA INFANTRY TOWERS, 1 PLOT SITE NO.23, S.NO.21/3, D RAJA GOPAL ROAD, GEDALAHALLI, SANJAYANAGAR, BENGALURU - 560 001. 2. M/s. G CORP POWER PRIVATE LIMITED REP BY MR. VIJAYSIMHA A R CHAIRMAN, NO.81/37, THE HULKUL, GROUND FLOOR, LAVELLE ROAD, SHANTHALA NAGAR, BENGALURU GPO, BENGALURU - 560 001. ALSO AT: FLAT-B-001, TOWER B, GROUND AND FIRST FLOOR, HOYSALA INFANTRY TOWERS, 1 PLOT SITE NO.23, S.NO.21/3 D RAJA GOPAL ROAD, GEDALAHALLI, SANJAYANAGAR, BENGALURU - 560 001. …RESPONDENTS THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE ORDER DATED 08.10.2025 PASSED BY THE VIII A.C.J.M BENGALURU IN CRL.MISC.NO.5820/2025 FILED BY THE PETITIONER UNDER SEC.14 OF THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT 2002 (ANNEUXRE-A) AND CONSEQUENTLY ALLOW THE SAID PETITION AS PRAYED FOR. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:46383 CRL.RP No. 1581 of 2025 CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER This revision petition is by petitioner - Bank being aggrieved by order of dismissal dated 08.10.2025 passed by VIII Addl. Chief Judicial Magistrate, Bengaluru, in Crl.Misc.no.5820/2025, filed under Section 14 of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('SARFAESI Act' for short) and also dismissal of similar petition i.e., Crl.Misc.no.2116/2025 on 29.04.2025. 2. Sri Raghuram Cadambi, learned counsel for petitioner relied upon decision of High Court Madras, in case of Indian Overseas Bank, K Abishekapura Branch, Mannarpuram, Tiruchirapallai v. Sree Aravindh Steels Ltd. & Anr. reported in 2008 SCC Online Mad.647 and submitted, since petitioner-bank could not avail remedy under Section 17 of 'SARFAESI Act' against any order passed under Section 14 of 'SARFAESI Act', revision petition would be maintainable. 3. However, it is seen that in Polly Chakraborty v. Chhattisgarh Rajya Sahkari Bank Maryadit, reported in 2017 SCC OnLine Chh 428, referring to para no.29 of - 4 - HC-KAR NC: 2025:KHC:46383 CRL.RP No. 1581 of 2025 judgment of Hon'ble Supreme Court in Harshad Govardhan Sondagar v. International Assets Reconstruction Co. Ltd., reported in (2014) 6 SCC 1, it is held in view of Section 14 (3) of 'SARFAESI Act', rendering finality to order passed under Section 14, revision petition would not be maintainable. Though, learned counsel for petitioner submitted that decision was rendered in different fact situation and submits that dismissal of petition is not an act by Magistrate under Section 14(1) of 'SARFAESI Act', bar would not apply, this Court is not convinced by said submission as order of rejection of petition can only be passed acting under said provision. However, it is seen that Hon'ble Supreme Court in Harshad's case (supra) has clarified that against orders passed under Section 14 of 'SARFAESI Act', remedy available would be under Article 226 of Constitution of India. Reserving such liberty, if petitioner so desires, revision petition is dismissed. Sd/- (RAVI V HOSMANI) JUDGE Psg*:List No.: 1 Sl No.: 46