- 1 - HC-KAR CNR: KAHC010214552024 NC: 2026:KHC:39695 WP No. 12621 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 12621 OF 2024 (GM-DRT) BETWEEN: …PETITIONERS (BY SRI. I.M.SAMEER, ADVOCATE FOR SRI. ABUBACKER SHAFI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF FINANCE REPRESENTED BY ITS SECRETARY, 1. VINOD KUMAR N., S/O. NARAYANASWAMY @ DODDANARAYANASWAMY, BORROWER, AGED ABOUT 39 YEARS, 2. NARAYANASWAMY @ DODANARAYANASWAMY CO-BORROWER, AGED ABOUT 72 YEARS, 3. MANJUNATH S/O NARAYANASWAMY @ DODDANARAYANASWAMY GUARANTOR, AGED ABOUT 32 YEARS ALL ARE R/AT NO.1ST WARD, PRASANNAHALLI, DEVANAHALLI TALUK-562110, BENGALURU RURAL DISTRICT. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010214552024 NC: 2026:KHC:39695 WP No. 12621 of 2024 VIDHANA SOUDHA, BENGALURU-560001. 2. KARNATAKA GRAMEENA BANK, DEVANAHALLI BRANCH, BENGALURU-562110 BENGALURU RURAL DISTRICT REPRESENTED BY ITS AUTHORISED OFFICER MR. VIVEK SHARMA …RESPONDENTS (BY SRI. K.P.YOGANNA, AGA FOR R1; SRI. B.PRASANNAKUMAR, ADVOCATE 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.I.M.Sameer counsel on behalf of Sri.Abubacker Shafi, for the petitioners, Sri.K.P.Yoganna, Additional Government Advocate for respondent No.1 and Sri.B.Prasanna Kumar, counsel for respondent No.2 appeared in person. 2. This petition is filed seeking following reliefs: (a) Issue a writ in the nature of certiorari by quashing the order dated 20.10.2023 passed - 3 - HC-KAR CNR: KAHC010214552024 NC: 2026:KHC:39695 WP No. 12621 of 2024 in Crl.Misc.No.1464/2023 by the Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru vide Annexure-J. (b) Pass such other order/s or direction/s that this Hon'ble Court may deem fit under the circumstances of the 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 Crl. Misc. No. 1464/2023 and the Court vide order dated: 20.10.2023 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 - 4 - HC-KAR CNR: KAHC010214552024 NC: 2026:KHC:39695 WP No. 12621 of 2024 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. Accordingly, the writ petition is dismissed. The petitioners may approach appropriate forum if so advised and if the law permits. - 5 - HC-KAR CNR: KAHC010214552024 NC: 2026:KHC:39695 WP No. 12621 of 2024 Because of dismissal of 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.: 12