- 1 - HC-KAR CNR: KAHC010124772025 NC: 2026:KHC:37026 WP No. 5382 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. 5382 OF 2025 (GM-DRT) BETWEEN: 1. MRS. BHARATAMMA, W/O. THIPPESWAMY, AGED ABOUT 25 YEARS, R/O. MALLAPURA, ALUR, DAVANGERE, ALU, CHITHRADURGA-577512. 2. MR. THIPPESWAMY, S/O. RAYAPPA, AGED ABOUT 56 YEARS, R/O MALLAPURA, ALUR, DAVANGERE, ALU, CHITHRADURGA-577512. …PETITIONERS (BY SRI. SAGAR B.B., ADVOCATE) AND: 1. EQUITAS SMALL FINANCE BANK LIMITED, PREVIOUSLY KNOWN AS EQUITAS FINANCE LIMITED, A BANKING COMPANY INCORPORATED UNDER COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT EQUITAS SMALL FINANCE BANK LIMITED, NO.3348/A1, 1ST FLOOR, BESIDE MAVINTOP HOSPITAL, SIDDAVERAPPA LAYOUT, SHAMANUR ROAD, DAVANGERE -577512. REPRESENTED BY MANAGER. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010124772025 NC: 2026:KHC:37026 WP No. 5382 of 2025 2. THE DEPUTY COMMISSIONER, OFFICE OF THE DEPUTY COMMISSIONER, DAVANAGERE DISTRICT, DAVANGERE-577001. …RESPONDENTS (BY SRI. AVINASH B.C., ADVOCATE FOR R1; SRI. K.P.YOGANNA, AGA FOR R2) 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.Sagar B.B., counsel for the petitioners and Sri.Avinash B.C., counsel for respondent No.1 and Sri.K.P.Yoganna, Additional Government Advocate for respondent No.2 appeared in person. 2. This petition is filed seeking following reliefs: (a) Issue a Writ of Certiorari quashing the impugned order dated 7th January 2025 passed in Criminal Miscellaneous 392/2024 passed by the Principal Senior Civil Judge and CJM Davanagere vide Annexure-C in the interest of justice and equity. (b) Issue a writ of certiorari quashing the impugned Commissioner Warrant dated 8th January 2025 - 3 - HC-KAR CNR: KAHC010124772025 NC: 2026:KHC:37026 WP No. 5382 of 2025 passed in Crl.Misc.392/2024 passed by the Principal Senior Civil Judge and CJM Davanagere vide Annexure-D in the interest of justice and equity. (c) Issue a writ of mandamus directing the 2nd respondent to consider the representation dated 5th February 2025 vide Annexure-E in the interest of justice and equity. (d) Pass such other orders as this Hon'ble Court may deem fit in view of the facts and circumstances of the case including the award of costs in the interest of justice and equity. (e) 3. Counsel for the petitioners 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.392/2024 and the Court vide order dated:07.01.2025 had allowed the petition and thereafter issued Commissioner's warrant. 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 - 4 - HC-KAR CNR: KAHC010124772025 NC: 2026:KHC:37026 WP No. 5382 of 2025 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. 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 - 5 - HC-KAR CNR: KAHC010124772025 NC: 2026:KHC:37026 WP No. 5382 of 2025 circumspection. Hence, I decline to exercise discretionary powers. The petitioners may approach the appropriate forum if so advised and if the law permits. 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.: 19