- 1 - HC-KAR NC: 2026:KHC:18706 WP No. 9813 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 9813 OF 2022 (GM-DRT) BETWEEN: MR. G. MOIDEEN S/O LATE SRI HAJI ABDUL KHADER, AGED ABOUT 72 YEARS, R/AT APARTMENT NO.209, SECOND FLOOR, MAURISHKA PARK, BLOCK A, KODIALBAIL, MANGALORE, D.K. - 575 003 …PETITIONER (BY SRI. UDAYA PRAKASH M., ADVOCATE) AND: 1. DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE DAKSHINA KANNADA, MANGALURU - 575 001 2. MRS. SHAMAZ IBRAHIM W/O MR. IBRAHIM S., AGED ABOUT 42 YEARS, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18706 WP No. 9813 of 2022 3. MR IBRAHIM S S/O MR SAYYAD BEARY, AGED ABOUT 50 YEARS, 4. M/S AXIS BANK RETAIL ASSETS CENTER, ESSEL TOWERS, 2ND FLOOR, BUNTS HOSTEL CIRCLE, MANGALORE - 575 003 REPRESENTED BY BRANCH MANAGER 5. MR ISMAIL MOHAMMED NADIGUTHU S/O ABDUL RAHMAN, R/AT NADIGUTHUR HOUSE, JOKATTE POST, MANGALURU TALUK - 575 030 …RESPONDENTS (BY SRI. MAHANTESH SHETTER, AGA FOR R1) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROCEEDINGS OF R-1 DTD 16.10.2018 VIDE ANNX-A. GRANT AN INTERIM ORDER TO STAY OF ALL THE FURTHER PROCEEDINGS IN FURTHERANCE OF THE ORDER DTD 16.10.2018 VIDE ANNX-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:18706 WP No. 9813 of 2022 ORAL ORDER The writ petition is filed by the third party seeking the following prayers: "a. To issue a writ of Certiorari or any other writ, order or directions, quashing the proceedings of 1st Respondent dated 16-10- 2018 in the MAG(2) CR 383/2018/47108/C4 produced at ANNEXURE A. b. To pass such other and further order as deemed fit to be granted under such other circumstances of the case." 2. The petitioner has an effective alternative remedy before the DRT and the writ petition against an order passed under Section 14 of the SARFAESI Act is not maintainable. 3. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of, giving liberty to the petitioner to avail the appropriate remedy before the DRT. - 4 - HC-KAR NC: 2026:KHC:18706 WP No. 9813 of 2022 i. Pending IAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 22