- 1 - HC-KAR CNR: KAHC010681802023 NC: 2026:KHC:44572 WP No. 230 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 230 OF 2024 (GM-DRT) BETWEEN: 1. SRI. MOHAMMED FAYAZ KHAN S/O KHURSHEED KHAN AGED ABOUT 55 YEARS RESIDING AT NO.671, NOOR MANZIL, PILANNA GARDEN, 3RD STAGE, KARAMCHAND LAYOUT, LINGARAJAPURAM, BANGALORE-560084 2. SMT. AYESHA SALMA W/O MOHAMMED FAYZA KHAN AGED ABOUT 41 YEARS RESIDING AT NO.671, NOOR MANZIL, PILANNA GARDEN, 3RD STAGE, KARAMCHAND LAYOUT, LINGARAJPURAM, BANGALORE-560084 …PETITIONERS (BY SRI. PRASAD K.R. RAO, ADVOCATE) AND: 1. M/S CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD, A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO.45, PRESTIGE LIBRA, 2ND FLOOR, ABOVE PASSPORT OFFICE, LALBAGH ROAD BANGALORE - 560 027 REPRESENTED BY ITS MANAGER. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010681802023 NC: 2026:KHC:44572 WP No. 230 of 2024 2. THE DEBT RECOVERY TRIBUNAL BSNL HOUSE, RAJ BHAVAN ROAD DR AMBEDKAR ROAD BANGALORE - 560 010 REPRESENTED BY ITS SECRETARY. 3. HDFC LIFE INSURANCE COMPANY LIMITED HAVING ITS OFFICE AT LODHA EXCELUS 13TH FLOOR, APOLLO MILLS COMPOUND, N.M. JOSHI MARG, MAHALAXMI MUMBAI - 400 011. ALSO AT: NO.9, 4TH FLOOR, E-SQUARE, CENTRE MAHATMA GANDHI ROAD, BANGALORE - 560001. REPRESENTED BY ITS MANAGER. …RESPONDENTS (BY SRI. FRANCIS XAVIER, ADVOCATE FOR R1 SRI. JAI M. PATIL, ADVOCATE FOR R3) 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, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Prasad K.R.Rao, counsel for the petitioners, and Francis Xavier, counsel for respondent No.1 appeared in person. - 3 - HC-KAR CNR: KAHC010681802023 NC: 2026:KHC:44572 WP No. 230 of 2024 2. This petition is filed seeking following reliefs: (i) Issue a writ in the nature of certiorari thereby setting aside the impugned order dated 01.12.2023 passed by the Hon'ble Debt Recovery Tribunal - I, at Bangalore in Transferred Securitization Application No.2/2023 as per Annexure-A. (ii) Issue a writ in the nature of certiorari thereby setting aside the impugned order dated 11.10.2022 passed by the learned XI Additional Chief Metropolitan Magistrate in Criminal Misc No.50391/2021 as per Annexure T. (iii) Issue a writ in the nature of mandamus thereby directing the respondent to restore / handover the physical possession of the schedule property in favour of the petitioners. (iv) Pass any such reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the papers with care. - 4 - HC-KAR CNR: KAHC010681802023 NC: 2026:KHC:44572 WP No. 230 of 2024 4. The DRT, vide order dated 01.12.2023, passed the final order. It is well settled that a person aggrieved by an order passed by the DRT has a statutory remedy of approaching the Appellate Authority. Likewise, an order passed under Section 14 is also amenable to challenge before the Tribunal by way of the statutory remedy available under law. In the present case, the petitioners have failed to exhaust the efficacious alternative statutory remedy and has instead invoked the writ jurisdiction of this Court. In view of the availability of an alternative remedy, this Court declines to exercise its discretionary jurisdiction under Article 226 of the Constitution. The petitioners may approach the appropriate forum, if so advised and if the law permits. 5. Accordingly, the writ petition is dismissed. 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.: 10