SRI MOHAMMED RAFIK v. EQUITAS SMALL FINANCE BANK LIMITED
WP/16279/2026 · 2026-06-05
Jyoti M
body2026
DailyLaw.ai
[ 2026 DAILYLAW 19328 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 19328 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:26646 WP No. 16279 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 16279 OF 2026 (GM-DRT) BETWEEN:
SRI. MOHAMMED RAFIK, S/O. SYED IMAM SAB, AGED ABOUT 31 YEARS, R/AT NANJUNDAPPA NAGARA, ANAGODU VILLAGE, DAVANAGERE TALUK AND DISTRICT-577556. …PETITIONER (BY SRI. NAVEEN SHEKHAR, ADVOCATE FOR SRI. HIREMATHAD MAHESHAIAH RUDRAYYA, ADVOCATE)
AND:
1.
EQUITAS SMALL FINANCE BANK LIMITED (PREVIOUSLY KNOWN AS EQUITAS FINANCE LIMITED) REGISTERED OFFICE AT 4TH FLOOR, PHASE-II, SPENCER PLAZA, NO.769, MOUNT ROAD, ANNA SALAI, CHANNAI, TAMILU NADU-600002.
REPRESENTED BY ITS AUTHORIZED OFFICER
2.
EQUITAS SMALL FINANCE BANK LIMITED (PREVIOUSLY KNOWN AS EQUITAS FINANCE LIMITED) BRANCH OFFICE AT NO.3/5, JAVARAPPA COMPLEX, SNO.56/3, MUNISHWARANAGAR, ULLAL MAIN ROAD, MALLATHAHALLI P.O.,
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:26646 WP No. 16279 of 2026
BENGALURU-560056.
REPRESENTED BY ITS AUTHORIZED OFFICER.
3.
SMT. YASMEEN, W/O. MOHAMMED RAFIK, AGED ABOUT 26 YEARS,
4.
SMT. SHAMEEM BANU, W/O. IMAM SAB, AGED ABOUT 46 YEARS,
5.
SRI. IMAM SAB, S/O. MOHAMMED SAB, AGED ABOUT 51 YEARS,
RESPONDENTS NO.3 TO 5 ARE R/AT NANJUNDAPPA NAGARA, ANAGODU VILLAGE, DAVANAGERE TALUK AND DISTRICT-577556. …RESPONDENTS
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, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER Sri.Naveen Shekhar, counsel on behalf of Sri.Hiremathad Maheshiah Rudrayya., for the petitioner appeared in person.
2. Though the matter is listed today for preliminary hearing, it is heard:
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HC-KAR NC: 2026:KHC:26646 WP No. 16279 of 2026
3. The writ petition is filed seeking following relief: The petitioner hereby most respectfully pray that this Hon'ble Court may be pleased to issue a writ of Certiorari or pass any other appropriate writ, order or direction of a similar nature, thereby quashing and setting aside the impugned order dated 23.04.2026 passed by the learned Principal Senior Civil Judge and CJM, Davanagere in Cr.Misc.No.299/2026, produced herewith as Annexure-A and to pass such further orders or directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity.
4. Counsel for the petitioner urged several
contentions. Heard the arguments and perused the papers with care.
5. Suffice it to note that the respondent had filed petition under Section 14 of the SARFAESI Act in Crl.Misc.No.299/2026 and the Court vide
order dated:23.04.2026 had allowed the petition. The order under Section 14 of the SARFAESI Act cannot be questioned under writ jurisdiction, as there is an alternate remedy of filing an
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HC-KAR NC: 2026:KHC:26646 WP No. 16279 of 2026
appeal before the DRT. Hence, I decline to exercise power under writ jurisdiction. Accordingly, the writ petition is dismissed. Sd/- (JYOTI M) JUDGE
SS List No.: 1 Sl No.: 3