- 1 - HC-KAR CNR: KAHC010199682025 NC: 2026:KHC:45708 WP No. 8551 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 8551 OF 2025 (GM-DRT) BETWEEN: 1. SMT. NALINI, W/O. LATE SHIVANNA, AGED ABOUT 48 YEARS, R/AT DEVANGAPETE, HANUR, KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT-571439. 2. SRI. PARAMESH, S/O. SHIVANNA, AGED ABOUT 45 YEARS, R/AT KALLAPPA LAYOUT, WARD NO.22, HOUSING BOARD, NANJANAGUD POST OFFICE, MYSURU DISTRICT-571301. …PETITIONERS (BY SRI. SANCHAN JAI NANDAN, ADVOCATE) AND: M/S. AADHAR HOUSING FINANCE LIMITED (DHFL VYSYA HOUSING FINANCE LIMITED) REGISTERED OFFICE AT NO.3, 2ND FLOOR, JVT TOWERS, 8TH 'A' MAIN ROAD, S.R.NAGAR, BENGALURU-560027. REPRESENTED BY ITS AUTHORIZED OFFICER, SRI. RAJU R.D., Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010199682025 NC: 2026:KHC:45708 WP No. 8551 of 2025 REGIONAL OFFICE AT NO.2742/1A, 1ST FLOOR, TEMPLE ROAD, V.V. MOHALLA, MYSORE-570002. …RESPONDENT (BY SRI. NARAYANA SWAMY D., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 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.Sanchan Jainandan, counsel for the petitioners and Sri.Narayana Swamy D., counsel for respondent appeared in person. 2. This petition is filed seeking following reliefs: (i) Issue a writ of certiorari or any other writ quashing the order dated 06.03.2025 in Crl.Misc.No.211/2023 on the file of II Addl. Senior Civil Judge & CJM, Mysuru under Section 14 of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interests Act, 2002 (SARFAESI Act, 2002) for taking over - 3 - HC-KAR CNR: KAHC010199682025 NC: 2026:KHC:45708 WP No. 8551 of 2025 physical possession of schedule property produced at Annexure-A. (ii) Any other writ or direction to meet the ends of justice. 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 had filed petition under Section 14 of the SARFAESI Act in Crl.Misc.No.211/2023 and the Court vide order dated:06.03.2025 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 - 4 - HC-KAR CNR: KAHC010199682025 NC: 2026:KHC:45708 WP No. 8551 of 2025 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. 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. The - 5 - HC-KAR CNR: KAHC010199682025 NC: 2026:KHC:45708 WP No. 8551 of 2025 petitioners may approach the appropriate forum if so advised and if the law permits. 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.: 8