- 1 - HC-KAR CNR: KAHC010282162025 NC: 2026:KHC:42418 WP No. 15541 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. 15541 OF 2025 (GM-DRT) BETWEEN: 1. M/S. GVK ENTERPRISES AND HATCHERIES REPRESENTED BY PROPRIETORSHIP CONCERN SRI. KESHAVEGOWDA, RING ROAD NO.2375, CHIKKAKONDAGULA, NEAR SRIRANGA ITI TEJUR PANCHAYATH, HASSAN-573201. 2. MR. KESHAVE GOWDA, AGED ABOUT 56 YEARS, S/O. MR. KRISHNEGOWDA, RING ROAD NO.2375, CHIKKAKONDAGULA, NEAR SRIRANGA ITI TEJUR PANCHAYATH, HASSAN-573201. …PETITIONERS (BY SRI. MANOJ KUMAR J.Y., ADVOCATE) AND: 1. MR. MOHAN T.K., COURT COMMISSIONER APPOINTED BY THE HON'BLE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT HASSAN -573201 2. M/S. CANARA BANK HAVING ITS BRANCH OFFICE Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010282162025 NC: 2026:KHC:42418 WP No. 15541 of 2025 H.O., FIRST FLOOR, HABEEBIYA COMPLEX OPP. APMC YARD, BENGALURU-MANGALURU ROAD, HASSAN, KARNATAKA-573201. …RESPONDENTS (BY SRI. VIGNESH S.SHETTY, ADVOCATE FOR R2; VIDE COURT ORDER DATED 19.08.2025, NOTICE TO R1-STANDS DISPENSED WITH) 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 Sri.Manoj Kumar.J.Y., counsel for the petitioners and Sri.Vignesh S.Shetty., counsel for respondent No.2 appeared in person. 2. The order dated:24.12.2024 passed by the Prl. Senior Civil Judge and CJM, Hassan in Crl.Misc.No.100/2024 vide Annexure-B is called into question in this writ petition on several grounds as setout in the memorandum of writ petition. - 3 - HC-KAR CNR: KAHC010282162025 NC: 2026:KHC:42418 WP No. 15541 of 2025 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 respondent Bank had filed petition under Section 14 of the SARFAESI Act in Crl.Misc.No.100/2024 and the Court vide order dated:24.12.2024 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. - 4 - HC-KAR CNR: KAHC010282162025 NC: 2026:KHC:42418 WP No. 15541 of 2025 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 petitioner may approach appropriate forum in accordance with the law, if the law permits. - 5 - HC-KAR CNR: KAHC010282162025 NC: 2026:KHC:42418 WP No. 15541 of 2025 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.: 53