- 1 - HC-KAR CNR: KAHC010306432023 NC: 2026:KHC:37027 WP No. 13001 of 2023 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. 13001 OF 2023 (GM-DRT) BETWEEN: MR. MAHAMMED ISHAQ, S/O. MR.M.K.MOHAMMED ISMAIL, AGED ABOUT 37 YEARS, R/AT FLAT NO.204, 'B' PRISM MANOR APARTMENT, 9TH MAIN, 2ND CROSS, BTM LAYOUT, 1ST STAGE, BENGALURU-560029. …PETITIONER (BY SMT. KAVITHA D., ADVOCATE) AND: M/S. KOTAK MAHINDRA BANK LTD., (INCORPORATED UNDER THE COMPANIES ACT,1956, (NO.1 OF 1956) NO.22, 3RD FLOOR, KOTAK HOUSE, M.G. ROAD, BENGALURU-560001. ALSO AT, NO.27, BKC, C 27, G BLOCK, BANDRA KURLA COMPLEX, BANDRA(E), MUMBAI, REPRESENTED BY ITS AUTHORIZED OFFICER. …RESPONDENT (BY SRI. AVINASH B.C., ADVOCATE) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010306432023 NC: 2026:KHC:37027 WP No. 13001 of 2023 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 Smt.Kavitha D., counsel for the petitioner appeared through video conferencing and Sri.Avinash B.C., counsel for the respondent appeared in person. 2. This petition is filed seeking following reliefs: (i) Issue a writ of certiorari by quashing the Section 14 Order of the SARFAESI Act, 2002 dated 29.11.2019 passed by the learned VI ACMM, Bengaluru vide Annexure-L by stating that the entire recovery proceedings initiated by the respondent Bank against the Schedule properties are illegal and in violation of SARFAESI Act, 2002. (ii) Issue writ of mandamus to accept the petitioner's request for reduction of rate of - 3 - HC-KAR CNR: KAHC010306432023 NC: 2026:KHC:37027 WP No. 13001 of 2023 interest towards his loan account and direct the respondent Bank to reverse the excess amount paid by the petitioner towards his loan account and thereby enable the petitioner to regularize his loan account by rescheduling the balance loan amount after the said adjustment. (iii) Issue such other order or direction/s as may be deemed fit to grant, including cost of the case, in the view of facts and circumstances of this above case in the interest of justice and equity. 3. Counsel for the respective 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 and the Court 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 - 4 - HC-KAR CNR: KAHC010306432023 NC: 2026:KHC:37027 WP No. 13001 of 2023 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 - 5 - HC-KAR CNR: KAHC010306432023 NC: 2026:KHC:37027 WP No. 13001 of 2023 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 powers. The petitioner 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 SD/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 26