- 1 - HC-KAR NC: 2026:KHC:33919 WP No. 20538 of 2026 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. 20538 OF 2026 (GM-DRT) BETWEEN: MS. ANINDITA ROY, DAUGHTER OF ASHISH KUMAR ROY, AGED ABOUT 35 YEARS, RESIDING AT FLAT NO.116, ETERNITY ASTRAL, BLOCK B, PANATHUR VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU-560087. …PETITIONER (BY SMT. SUCHETA MAJUMDER, ADVOCATE) AND: 1. THE MANAGER, CITY UNION BANK LTD., JAYANAGARA BRANCH, NO.126, 127, 33RD CROSS, 11TH MAIN, 4TH BLOCK, NEAR A.V.R, SWARNA MAHAL SIGNAL JAYANAGAR, BENGALURU RURAL -560011. 2. THE MANAGER, CITY UNION BANK, CREDIT RECOVERY AND MANAGEMENT DEPARTMENT, HAVING ITS OFFICE ADMINISTRATIVE OFFICE AT NO.24-B, GANDHI NAGAR, KUMBAKONAM, TAMIL NADU-612001. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33919 WP No. 20538 of 2026 3. M/S. ETERNITY STRUCTURES PVT. LTD., HAVING ITS OFFICE AT VASAVI NO.75/757, 1 FLOOR, 10TH MAIN, 4TH BLACK, JAYANAGAR, BENGALURU-560011. REPRESENTED BY MANAGING DIRECTOR VIJAY PRASAD REDDY 4. SRI. VIJAY PRASAD REDDY, S/O. K.VEERA REDDY, AGED ABOUT 43 YEARS, M/S. ETERNITY STRUCTURES PVT. LTD., MANAGING DIRECTOR, HAVING ITS OFFICE AT VASAVI NO.75/757, 1ST FLOOR, 10TH MAIN, 4TH BLOCK, JAYANAGAR, BENGALURU-560011. RESIDING AT AKSHAYAH, 4TH FLOOR, 3RD CROSS, 5TH MAIN, BOB COLONY, JP NAGAR, 7TH PHASE, BENGALURU-560078. 5. SMT. C.V.KASTHURI, W/O. VIJAYA PRASAD REDDY DIRECTOR, M/S. ETERNITY STRUCTURES PVT. LTD., HAVING ITS OFFICE AT VASAVI NO.75/757, 1ST FLOOR, 10TH MAIN, 4TH BLOCK, JAYANAGAR, BENGALURU-560011. RESIDING AT AKSHAYAH, 4TH FLOOR, 3RD CROSS, 5TH MAIN, BOB COLONY, JP NAGAR, 7TH PHASE, BENGALURU-560078. - 3 - HC-KAR NC: 2026:KHC:33919 WP No. 20538 of 2026 6. SMT. ANANTHALAKSHMI K., W/O. VEERA REDDY, DIRECTOR, M/S. ETERNITY STRUCTURES PVT. LTD., HAVING ITS OFFICE AT VASAVI NO.75/757, 1ST FLOOR, 10TH MAIN, 4TH BLOCK, JAYANAGAR, BENGALURU-560011. RESIDING AT AKSHAYAH, 4TH FLOOR, 3RD CROSS, 5TH MAIN, BOB COLONY, JP NAGAR, 7TH PHASE, BENGALURU-560078. 7. STATE BANK OF INDIA REPRESENTED BY ITS CHIEF MANAGER RACPC LALBAGH ROAD, SUDHAMANAGAR, BENGALURU-560027. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 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.Sucheta Majumdar, counsel for the petitioner appeared in person. - 4 - HC-KAR NC: 2026:KHC:33919 WP No. 20538 of 2026 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, order or direction in the nature of certiorari to quash the physical possession of the schedule property taken order dated 30.10.2021 passed by Chief Judicial Magistrate Bengaluru Rural Court passed in Crl. Misc.Pet. No.649/2021 vide ANNEXURE -A UNDER the Provisions of the SARFAESI ACT by the Respondent Bank as illegal, Arbitrary and in violation of Principles Of Natural Justice and thereafter violation of Article 14 Of the Constitution of India. (b) Issue a writ, order or Direction in nature of Writ of Mandamus directing the Respondent no 1&2 Bank to release the scheduled property, from unlocking the same to handover to the petitioner. (c) Issue a writ, order or Direction in nature of Writ of Mandamus directing the Respondent Bank to remove /release from the schedule - 5 - HC-KAR NC: 2026:KHC:33919 WP No. 20538 of 2026 property B&C property from mortgage forthwith. (d) Grant such other relief/s as this Hon'ble Court deems fit to grant in the circumstances of the petition, 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 authorized officer of the Bank had filed petition under Section 14 of the SARFAESI Act in Crl.Misc.No.649/2021 and the Court vide order dated:30.10.2021 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 - 6 - HC-KAR NC: 2026:KHC:33919 WP No. 20538 of 2026 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. 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. - 7 - HC-KAR NC: 2026:KHC:33919 WP No. 20538 of 2026 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.: 20