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2026 DAILYLAW 45965 (KAR)

JNANAVAHINI GELEYARA BALIGA TRUST (R) v. URGO CAPITAL LIMITED

WP/1444/2026 · 2026-01-20

Ashok S Kinagi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:3214 WP No. 1444 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 1444 OF 2026 (GM-DRT) BETWEEN: 1. JNANAVAHINI GELEYARA BALIGA TRUST ® REPRESENTED BY ITS TRUSTEE / CHAIRMAN MR LOKESHWARAPPA INDIAN TRUST ACT 1882 2. SHIVUNI HANUMANTHAPPA GOVINDAPPA S/O LATE HANUMANTHAPPA AGED ABOUT 48 YEARS 3. CHANDRAKALA LOKKESHWARAPPA W/O LOKKESWARAPPA AGED ABOUT 43 YEARS 4. LOKESHWARAPPA SIDDAPPA S/O SIDDAPPA AGE ABOUT 54 YEARS Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3214 WP No. 1444 of 2026 PETITIONERS 1 TO 4 COULD BE SERVED AT GEJJEGONDANAHALLI, CHIKMAGALUR- 577 547 …PETITIONERS (BY SRI. S SUDHARSAN SURESH, ADVOCATE) AND: URGO CAPITAL LIMITED REGISTERED OFFICE AT EQUINOX BUSINESS PARK, TOWER 3, 4TH FLOOR, LBS ROAD, KURLA (WEST), MUMBAI-400 070 REGISTERED UNDER COMPANIES ACT 1956 ALSO AT, NO.19, 3RD FLOOR, UNIT NO 301/302, HTC ASPIRE, ALI ASKER ROAD, BANGALORE-560 052 REPRESENTED BY ITS AUTHORISED SIGNATORY …RESPONDENT (BY SRI. HEMANTH KUMAR S., ADVOCATE FOR C/R) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 26.12.2025 PASSED IN CRL. MISC. 259/2025 PENDING ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND CJM COURT AT CHICKMAGALURU VIDE ANNEXURE-B. - 3 - HC-KAR NC: 2026:KHC:3214 WP No. 1444 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioners, aggrieved by the order dated 26.12.2025 passed in Crl.Misc.No.259/2025 pending on the file of Principal Senior Civil Judge and CJM Court at Chikkamagaluru vide Annexure-B. 2. The impugned order is appealable under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘SARFAESI Act’). The petitioners without exhausting efficacious remedy, filed this writ petition. Hence, the writ petition filed by the petitioners are not maintainable in view of the proposition laid down by the Hon’ble Apex Court in the case of Rikhab Chand Jain vs. Union of India - 4 - HC-KAR NC: 2026:KHC:3214 WP No. 1444 of 2026 in Civil Appeal No.6719/2012 disposed of on 12.11.2025. 3. In view of the same, I do not find any grounds to entertain the writ petition. 4. Accordingly, I proceed to pass the following order: ORDER i. The writ petition is dismissed. ii. A liberty is reserved to the petitioners to challenge the impugned order before the appropriate forum, if so desired. iii. Meanwhile, the respondents are directed not to take any coercive steps against the petitioners for a period of 30 days from today. Sd/- (ASHOK S.KINAGI) JUDGE SKS CT:KHV