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2026 DAILYLAW 20485 (KAR)

MR MANIKYA v. TYGER CAPITAL PRIVATE LIMITED

WP/16694/2026 · 2026-06-10

Jyoti M

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:27752 WP No. 16694 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 16694 OF 2026 (GM-DRT) BETWEEN: 1. MR. MANIKYA, S/O. LATE MR. DURGAPPA, AGED ABOUT 49 YEARS, RESIDING AT 96, MUSLIM KERI, 2ND STREET, ARAHATHOLU, BHADRAVATHI, SHIVAMOGGA-577243. 2. MRS. SHASHIKALA D/O. MR. ELUMALAI AGED ABOUT 43 YEARS, RESIDING AT 96, MUSLIM KERI, 2ND STREET, ARAHATHOLU, BHADRAVATHI, SHIVAMOGGA-577243. …PETITIONERS (BY SMT. SANDHYA U.PRABHU, ADVOCATE) AND: TYGER CAPITAL PRIVATE LIMITED, (FORMERLY KNOWN AS ADANI CAPITAL PRIVATE LIMITED), REPRESENTED BY ITS AUTHORIZED OFFICER/MANAGER REGISTERED OFFICE AT, 15/8, PRIMORSE ROAD, NEAR GARUDA MALL, BENGALURU-560001. …RESPONDENT Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27752 WP No. 16694 of 2026 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 Smt.Sandhya U. Prabhu, counsel for the petitioners appeared in person. 2. Though the matter is listed today for preliminary hearing, it is heard. 3. This petition is filed seeking following reliefs: (a) Issue a writ of certiorari quashing the order of the learned Magistrate in Crl.Misc.No.13/2026 passed by Prl. Senior Civil Judge & CJM at Shivamogga dated 01.04.2026 produced at Annexure-B, and all further proceedings pursuant thereto, in the interest of justice and equity and law. (b) Such further and other reliefs as this Hon'ble Court may consider fit and proper in the facts and circumstances of the case. - 3 - HC-KAR NC: 2026:KHC:27752 WP No. 16694 of 2026 4. Counsel for the petitioners urged several contentions. Heard the arguments and perused the papers with care. 5. Suffice it to note that the first respondent had filed petition under Section 14 of the SARFAESI Act in Crl.Misc.No.13/2026 and the Court vide order dated:01.04.2026 had allowed the petition. The order passed under Section 14 of the SARFAESI Act cannot be questioned under writ jurisdiction, as 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. 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 SS List No.: 1 Sl No.: 15