- 1 - HC-KAR NC: 2026:KHC:31023 WP No. 26888 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 26888 OF 2023 (GM-DRT) BETWEEN: 1. MR. CHANNARAYAPPA A.V., S/O. MR. VENKITARAYAPPA, AGED ABOUT 51 YEARS, R/AT ANGANAWADI ROAD, MARAMMA TEMPLE MAIN ROAD, KUMBALAGUDU, BENGALURU-560074. 2. MRS. GANGAMMA, W/O. MR. CHANNARAYAPPA A.V., AGED ABOUT 43 YEARS, R/AT ANGANAWADI ROAD, MARAMMA TEMPLE MAIN ROAD, KUMBALAGUDU, BENGALURU-560074. 3. MR. GIRISH A.C., S/O. MR CHANNARAYAPPA A.V., AGED ABOUT 26 YEARS R/AT ANGANAWADI ROAD, MARAMMA TEMPLE MAIN ROAD, KUMBALAGUDU, BENGALURU-560074. …PETITIONERS (BY SRI. SRIKANTH N.V., ADVOCATE) AND: THE UJJIVAN SMALL FINANCE BANK LTD., ZONAL OFFICE NO.27, 3RD 'A' CROSS, 18TH MAIN, 6TH BLOCK, KORAMANGALA, BENGALURU-560095. BY ITS AUTHORIZED OFFICER Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31023 WP No. 26888 of 2023 REPRESENTED BY BRANCH MANAGER, SRI. RAJA RAJESHWARAN P., S/O. S.PACHIPAN, AGED ABOUT 45 YEARS, …RESPONDENT (BY SRI. FRANCIS XAVIER, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 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.Srikanth N.V., counsel for the petitioners and Sri.Francis Xavier, counsel for the respondent appeared in person. 2. This petition is filed seeking following reliefs: (a) Issue a Writ of Certiorari to quash the impugned order dated 15.09.2023 passed by Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru in Crl.Mis.No.1005 of 2023 as per Annexure-A. (b) Grant such other relief or reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case. - 3 - HC-KAR NC: 2026:KHC:31023 WP No. 26888 of 2023 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the papers with care. 4. Suffice it to note that the respondent Bank had filed petition under Section 14 of the SARFAESI Act in Crl.Misc.No.1005/2023 and the Court vide order dated:15.09.2023 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. The litigants are not remediless, as the Tribunal has been established specifically to adjudicate the lis. It is significant to note that Article 226 is not intended to circumvent statutory procedures. When a right or liability is created by a statute which itself prescribes the remedy or procedure for enforcing the right or liability, resort must be had to that particular statutory remedy before seeking the discretionary remedy under Article 226. The law is also well settled that a petition under Article 226 should not be - 4 - HC-KAR NC: 2026:KHC:31023 WP No. 26888 of 2023 entertained unless the statutory remedies are ill-suited to meet the demands of an extraordinary situation. Moreover, the Apex Court has also observed in the case of UNITED BANK OF INDIA V/S. SATYAWATI TONDON AND OTHERS that the High Courts continue to ignore the availability of statutory remedies under the DRT and SARFAESI Act and exercised jurisdiction under Article 226 for passing orders which have serious adverse impact on the right of the Banks and other financial institutions to recover their dues. We hope and trust that in future the High Courts will exercise their discretion in such matters with great caution, care and circumspection. 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.: 32