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2026 DAILYLAW 18960 (KAR)

PUNJAB NATIONAL BANK v. M/S. MAXOLLIN DEVELOPER PVT LTD CO.,

WP/2558/2026 · 2026-06-03

Jyoti M

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:25981 WP No. 2558 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 2558 OF 2026 (GM-DRT) BETWEEN: PUNJAB NATIONAL BANK, ASSET RECOVERY MANAGEMENT BRANCH, BENGALURU, 26-27, RAHEJA TOWERS, MG ROAD, BENGALURU-560 001. REPRESENTED BY ITS CHIEF MANAGER SIR. VAITHEESWARAN RAMASWAMY. …PETITIONER (BY SRI. T.P.MUTHANNA, ADVOCATE) AND: 1. M/S. MAXOLLIN DEVELOPER PVT. LTD. CO., REGISTER UNDER COMPANIES ACT, NO.23, 1ST FLOOR, 6TH CROSS ROAD, EX-SERVICEMEN COLONY, MATAHADALLI, R.T.NAGAR, BENGALURU-560 032. REP. BY ITS DIRECTORS, MRS. FARHANA TALATH, MR. TOBACO MOHAMMED MUSSAVIR. 2. MRS. FARHANA TALATH, W/O. TABACO MOHAMMED KHALEEL NO.23, 1ST FLOOR, 6TH CROSS ROAD, EX- SERVICEMEN COLONY, MATAHADALLI, R.T.NAGAR, BENGALURU-560 032. 3. MR. TABACO MOHAMMED MUSSAVIR S/O. TABACO MOHAMMED KHALEEL, NO.23, 1ST FLOOR, 6TH CROSS ROAD, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25981 WP No. 2558 of 2026 EX- SERVICEMEN COLONY, MATAHADALLI, R.T.NAGAR, BENGALURU-560 032. 4. MRS. SUMAIYA MUSSAVIR W/O. TOBACO MOHAMMED MUSSAVIR, NO.23, 1ST FLOOR, 6TH CROSS ROAD, EX- SERVICEMEN COLONY, MATAHADALLI, R.T.NAGAR, BENGALURU-560 032. …RESPONDENTS (BY SRI. SURESH LOKRE, SENIOR ADVOCATE FOR SRI. SHRAVAN S. LOKRE, ADVOCATE FOR R1, R3 AND R4; R2 SERVED AND UNREPRESENTED) 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.T.P.Muthanna., counsel for the petitioner and Sri.Suresh Lokre., Senior counsel on behalf of Sri.Shravan S.Lokre., for respondents 1, 3 and 4 have appeared in person. 2. The petition is filed seeking following reliefs: i. Issue a writ of certiorari to quash the order dated:15.12.2025 passed in the Crl.Misc.No.8314/2025 by the VIIIth, Additional Chief Judicial Magistrate and to direct the Magistrate to consider the application afresh and pass appropriate orders vide Annexure-K. - 3 - HC-KAR NC: 2026:KHC:25981 WP No. 2558 of 2026 ii. Issue any other direction or order as deemed just in the circumstances and the probabilities of the case and the same may kindly be considered in the interest of justice and equity. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the papers with care. 4. Suffice it to note that a Crl.Misc.No.6432/2024 was filed under Section 14 of the SARFAESI Act. The Chief Judicial Magistrate, Bengaluru City vide order dated:07.05.2025 dismissed the petition. Strangely, the petitioner filed one more Crl.Misc. in No.8314/2025 and the same was also dismissed vide order dated:15.12.2025. The orders passed under Section 14 of the SARFAESI Act cannot be questioned under writ jurisdiction, as the law is laid down by the Apex Court in catena of decisions. There is an alternate remedy of filing an appeal before the DRT. Hence, I decline to exercise power under writ jurisdiction. Accordingly, the writ petition is dismissed. - 4 - HC-KAR NC: 2026:KHC:25981 WP No. 2558 of 2026 Because of dismissal the Writ Petition, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of. Sd/- (JYOTI M) JUDGE MRP List No.: 1 Sl No.: 36