- 1 - HC-KAR NC: 2026:KHC:33921 WP No. 8911 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 8911 OF 2024 (GM-DRT) BETWEEN: 1. SRI. T.B.DHRUVA KUMAR, S/O. SRI. BELLACHAR, AGED ABOUT 44 YEARS, R/AT THORANAMAVU VILLAGE, KUDUVALLI POST, VASTARE HOBLI, CHIKKAMAGALURU TALUK AND DISTRICT-577133. 2. SMT. BINDU DHRUVAKUMAR, W/O. SRI. T.B.DHRUVA KUMAR, AGED ABOUT 40 YEARS, R/AT THORANAMAVU VILLAGE, KUDUVALLI POST, VASTARE HOBLI, CHIKKAMAGALURU TALUK AND DISTRICT-577133 …PETITIONERS (BY SRI. PRASANNA V.R., ADVOCATE) AND: 1. EQUITAS SMALL FINANCE BANK LTD., NO.3/5, JAWARAPPA COMPLEX, SY.NO.43/3, MUNESHWARA NAGAR, ULALLA MAIN ROAD, MALLATHALLI, BEGNALURU-560056. REPRESENTED BY ITS AUTHORIZED OFFICER. 2. EQUITAS SMALL FINANCE BANK LTD., 4TH FLOOR, PHASE II, SPENCER PLAZA, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33921 WP No. 8911 of 2024 NO.769, MOUNT ROAD, ANNA SALAI, CHENNAI, TAMIL NADU-600002. REPRESENTED BY ITS AUTHORIZED SIGNATORY. …RESPONDENTS (BY SRI. VINAY S., ADVOCATE FOR C/R1) 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.Prasanna V.R., counsel for the petitioners and Sri.Vijay S., counsel for caveator / respondent No.1. appeared in person. 2. 2. Though the matter is listed today for preliminary hearing, it is heard. 3. This petition is filed seeking following reliefs: (i) Issue a writ of certiorari, quashing the order dated 16.11.2023 in Crl.Misc.No.54/2023 on the file of the learned Prl. Senior Civil Judge and CJM., Chikkamagaluru, vide Annexure-A. (ii) Any other writ or directions to meet the ends of justice. - 3 - HC-KAR NC: 2026:KHC:33921 WP No. 8911 of 2024 4. Counsel for the parties urged several contentions. Heard the arguments and perused the papers with care. 5. Suffice it to note that the Bank had filed petition under Section 14 of the SARFAESI Act in Crl.Misc.No.54/2023 and the Court vide order dated:16.11.2023 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 entertained unless the statutory remedies are ill-suited to meet the demands of an extraordinary situation. - 4 - HC-KAR NC: 2026:KHC:33921 WP No. 8911 of 2024 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.: 22