- 1 - HC-KAR CNR: KAHC010723632025 NC: 2026:KHC:42419 WP No. 34034 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 34034 OF 2025 (GM-DRT) BETWEEN: 1. MR. JAYANNA KANCHIKERE, S/O. LATE K.SHIVANANDAPPA, AGED ABOUT 58 YEARS, 2. MRS. CHETANA KANAVI SHIVANANDAPPA, W/O. JAYANNA KACHIKERE, AGED ABOUT 56 YEARS, BOTH ARE RESIDING AT PLOT NO.36, S.NO.7/3A, DOOR NO.783/A/36, SHAKTHI LAYOUT, NITTUVALLI VILLAGE, JAYANAGARA, DAVANAGERE-577004. …PETITIONERS (BY SMT. SOWMYA R., ADVOCATE - ABSENT) AND: HDFC BANK LIMITED, REGISTERED OFFICE AT RAMON HOUSE, H.T.PAREKH MARG, 169, BACKBAY RECLAMATION, CHURCH GATE, MUMBAI-400020. AND HAVING ITS BRANCH OFFICE AT NO.51, HDFC BANK LTD., HDFC HOUSE, KASTURBA ROAD, BENGALURU-560001. REPRESENTED BY ITS AUTHORIZED OFFICER MR. YOGESH N., (SENIOR MANAGER) …RESPONDENT (BY SRI. FRANCIS XAVIER, ADVOCATE) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010723632025 NC: 2026:KHC:42419 WP No. 34034 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 PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER When the matter is called, there is no representation on behalf of the petitioners, either personally or through video conferencing. Francis Xavier., counsel for the respondent appeared in person. 2. This petition is filed seeking following reliefs: (a) To set aside/ quash the order dated:17.10.2025 in Crl.Mis.No.340/2025 passed by the Prl. Senior Civil Judge and CJM, Davanagere vide Annexure-A. (b) To direct the respondent to permit the petitioners to repay the loan amount after providing sufficient opportunity. (c) To grant such other order or relief to which the petitioner may be found entitled to under the facts and circumstances of the case in the interest of justice. - 3 - HC-KAR CNR: KAHC010723632025 NC: 2026:KHC:42419 WP No. 34034 of 2025 (d) 3. Suffice it to note that the respondent Bank had filed petition under Section 14 of the SARFAESI Act in Crl.Misc.No.340/2025 and the Court vide order dated:17.10.2025 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 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. - 4 - HC-KAR CNR: KAHC010723632025 NC: 2026:KHC:42419 WP No. 34034 of 2025 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. 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 MRP List No.: 1 Sl No.: 58