- 1 - HC-KAR NC: 2026:KHC:31024 WP No. 29779 of 2024 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. 29779 OF 2024 (GM-DRT) BETWEEN: 1. MRS. DIDAR NAZIMA, W/O. MR. ASIFA ALI, AGED ABOUT 56 YEARS, FLAT NO.102, SHALIMAR HEIGHTS, STURROCK ROAD, CASA GARNDE, ATTARVARA, MANGALURU-575 001. ALSO AT 'INLAND IMPLA' APARTMENT NO.901, 9TH FLOOR, ABBAKA CIRCLE, KOTEPURA ROAD, ULLAL VILLAGE AND POST, MANGALURU-575 020. 2. MR. MOHAMMED RAHAN, S/O. MR. ASIFA ALI, AGED ABOUT 33 YEARS, FLAT NO.102, SHALIMAR HEIGHTS, STURROCK ROAD, CASA GARNDE, ATTARVARA, MANGALURU-575 001. ALSO AT 'INLAND IMPLA' APARTMENT NO.901, 9TH FLOOR, ABBAKA CIRCLE, KOTEPURA ROAD, ULLAL VILLAGE AND POST, MANGALURU-575 020. …PETITIONERS (BY SRI. K.SHASHIKANTH PRASAD, ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31024 WP No. 29779 of 2024 AND: AXIS BANK LIMITED, PLOT NO.41, SESHADRI ROAD, ANAND RAO CIRCLE, BENGALURU-560 009. BRANCH OFFICE MANGALURU MAIN BRANCH, BUNTS HOSTEL CIRCLE, MANGALURU-575 003. REP. BY AUTHORISED OFFICER …RESPONDENT (BY SMT. NAIRODHYA, ADVOCATE FOR SRI. FRANCIS XAVIER, ADVOCATE) 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.K.Shashikanth Prasad., counsel for the petitioners and Smt.Nairodhya., counsel on behalf of Mr.Francis Xavier., for the respondent appeared in person. 2. This petition is filed seeking following reliefs: - 3 - HC-KAR NC: 2026:KHC:31024 WP No. 29779 of 2024 (a) Set aside the order dated:10.07.2024 in Crl.Misc.No.149/2024 passed by the Court of Principal Senior Civil Judge and Chief Judicial Magistrate, Mangaluru vide Annexure-B. (b) Grant such other relief/s, as this Court deems fit to grant, under the circumstances of the petition, 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 the respondent Bank had filed petition under Section 14 of the SARFAESI Act in Crl.Misc.No.149/2024 and the Court vide order dated:10.07.2024 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 - 4 - HC-KAR NC: 2026:KHC:31024 WP No. 29779 of 2024 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 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. - 5 - HC-KAR NC: 2026:KHC:31024 WP No. 29779 of 2024 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.: 34