- 1 - HC-KAR CNR: KAHC010021192025 NC: 2026:KHC:37063 WP No. 691 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JULY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 691 OF 2025 (GM-DRT) BETWEEN: 1. MR. DHANANJAYAKUMAR N.A., S/O. MR. N.K.AJJAIAH, AGED ABOUT 51 YEARS. 2. MRS. VIJAYALAKSHMI U.R., W/O. MR. DHANANJAYAKUMAR N.A., AGED ABOUT 45 YEARS, BOTH ARE R/AT NO.610, NIDAGHATTA, SAKHARAYAPATNA, KADUR, CHICKMAGALUR, KARNATAKA-577548. …PETITIONERS (BY SRI. HARISH KUMAR M.C., ADVOCATE - ABSENT) AND: M/S. EQUITAS SMALL FINANCE BANK LIMITED (FORMERLY KNOWN AS M/S. EQUITAS FINANCE LIMITED) OFFICE AT NO.769, SPENCER PLAZA, 4TH FLOOR, PHASE II, MOUNT ROAD, ANNA SALAI CHENNAI-600002. REPRESENTED BY ITS MANAGER. (REGISTERED UNDER COMPANIES ACT, 2013) …RESPONDENT (BY SRI. AVINASH B.C., ADVOCATE) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010021192025 NC: 2026:KHC:37063 WP No. 691 of 2025 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 Though matter called twice, none appeared on behalf of the petitioner. 2. Sri.Avinash B.C., counsel for the respondent appeared in person. 3. This petition is filed seeking following reliefs: (i) Issue a writ in the nature of certiorari or any other appropriate writ, order or direction to quash order dated 23.11.2024 in Crl.Misc.273/2024 passed by the learned Prl. Senior Civil Judge and CJM, at Chikkamagaluru under Section 14 of the Securitization Act 2002 against the petitioners (Annexure-A) (ii) Consequently to restore the possession of the schedule property taken by the respondent bank on 09.01.2025. - 3 - HC-KAR CNR: KAHC010021192025 NC: 2026:KHC:37063 WP No. 691 of 2025 (iii) Grant such other relief's as this Hon'ble Court be pleased to grant any such other reliefs and such other order or direction that this Hon'ble Court deems fit to pass in the facts and circumstances of the case in the interest of justice and equity. 4. Counsel for the respondent 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.273/2024 and the Court vide order dated:23.11.2024 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. - 4 - HC-KAR CNR: KAHC010021192025 NC: 2026:KHC:37063 WP No. 691 of 2025 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. 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 - 5 - HC-KAR CNR: KAHC010021192025 NC: 2026:KHC:37063 WP No. 691 of 2025 with great caution, care and circumspection. Hence, I decline to exercise discretionary powers. The petitioners may approach the appropriate forum if the law permits and if so advised. 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.: 31