- 1 - HC-KAR CNR: KAHC010121982026 NC: 2026:KHC:36196 WP No. 5172 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 5172 OF 2026 (GM-DRT) BETWEEN: 1. SMT. SELVI R., W/O. SRI. KANNAPPA RAMAMUTHY AGED ABOUT 55 YEARS, 2. SRI. KANNAPPA RAMAMURTHY, S/O. LATE KANNAPPA, AGED ABOUT 64 YEARS, BOTH ARE RESIDING AT NO.484, 6TH CROSS, 6TH MAIN, GOKULA 2ND PHASE, NEAR DURGA TEMPLE, YESHWANTHPURA, BENGALURU NOTH, BENGALURU-560 022. …PETITIONERS (BY SRI. VIVEK N.U., ADVOCATE FOR SRI. T.SESHAGIRI RAO, ADVOCATE) AND: EQUITAS SMALL FINANCE BANK, AT NO.3/5, JAVARAPPA COMPLEX, S.NO.43/3, MUNESHWARANAGAR ULLAL MAIN ROAD, MALLATHALLI, BENGALURU - 560056. REPRESENTED BY ITS AUTHORIZED OFFICER …RESPONDENT (BY SRI. VIJAY S., ADVOCATE) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010121982026 NC: 2026:KHC:36196 WP No. 5172 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 ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Vivek N.V., counsel on behalf of Sri.T.Seshagiri Rao, for the petitioners and Sri.Vijay S., counsel for the respondent appeared in person. 2. This petition is filed seeking following reliefs: (a) Issue a Writ of Certiorari or any other writ or order to quash the impugned order passed by the VIII ACMM Bengaluru in criminal Miscellaneous No.4596/2024 dated 30.01.2025 found at Annexure-A to this writ petition and (b) Issue a writ of mandamus directing the respondent bank to enable the current petitioner to pay the loan EMI's through the dedicated banking App of the respondent i.e., Equitas Small Finance App and direct the respondent to validate the account of the petitioners and issue such further directions to upgrade the loan account of the petitioners from non-performing accounts to a regular account on - 3 - HC-KAR CNR: KAHC010121982026 NC: 2026:KHC:36196 WP No. 5172 of 2026 receipt of a sum of Rs.15,00,000/- (fifteen lakhs) therein. (c) Grant such other relief or reliefs as this Hon'ble Court deems fit to grant in the present facts and circumstances of the case in the interest of justice and equity. 3. Counsel for the parties urged several contentions. Heard the arguments and perused the papers with care. 4. Suffice it to note that the Bank had filed petition under Section 14 of the SARFAESI Act in Crl.Misc.No.4596/2024 and the Court vide order dated:30.01.2025 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 - 4 - HC-KAR CNR: KAHC010121982026 NC: 2026:KHC:36196 WP No. 5172 of 2026 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 discretionary power. 5. Accordingly, the writ petition is dismissed. - 5 - HC-KAR CNR: KAHC010121982026 NC: 2026:KHC:36196 WP No. 5172 of 2026 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.: 13