MR. S HASANABBA v. M/S SHRIRAM TRASPORT FINANCE CO LTD.,
WP/6164/2026 · 2026-04-16
Sachin Shankar Magadum
body2026
DailyLaw.ai
[ 2026 DAILYLAW 6878 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 6878 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:20886 WP No. 6164 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 6164 OF 2026 (GM-RES) BETWEEN:
MR. S HASANABBA ADULT 71 YEARS S/O ABOOBAKKAR R/AT MASIDIBETTU PUDU VILLAGE AND POST NEAR 10TH MAIL, UMAYYA FLAT BANTWAL TALUK, D K
…PETITIONER
(BY SRI. T RADHAKRISHNA SHETTY., ADVOCATE)
AND:
M/S SHRIRAM TRANSPORT FINANCE CO. LTD., HAVING ITS REGISTERED OFFICE 123, ANGAPPA NAICKEN STREET CHENNAI HAVING ITS DIVISIONAL OFFICE AT PARADIGM PLAZA 1ST FLOOR, AB SHETY CIRCLE MANGALURU AND HAVING ITS BRANCH OFFICE AT 1ST FLOOR, SAI GALAXY B C ROAD JODUMARGA POST BANTWAL REP. BY ITS LEGAL OFFICER AND SPA HOLDER MR. BHASKARA
Digitally signed by NAGARAJA B M Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:20886 WP No. 6164 of 2026
S/O KRISHNAPPA KULAL AGED ABOUT 35 YEARS
…RESPONDENT (BY SRI. NARAYANA SWAMY D., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT TO STOP THE AUCTION PROCEEDINGS INITIATED AGAINST THE PETITIONER ON20/02/2026 AND 25/02/2026.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
The present writ petition is instituted seeking issuance of a writ of mandamus to interdict the auction proceedings initiated against the petitioner pursuant to notices dated 20.02.2026 and 25.02.2026.
2. Having heard the learned counsel appearing for the petitioner and on perusal of the material on record, this Court is of the considered view that the relief as sought cannot be granted in exercise of extraordinary jurisdiction under Articles 226 and 227 of the Constitution of India. The grievance projected by the petitioner
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HC-KAR NC: 2026:KHC:20886 WP No. 6164 of 2026
squarely arises out of execution proceedings, for which the statute provides a complete and efficacious remedy. It is trite that writ jurisdiction cannot be invoked to stall or circumvent execution proceedings, particularly when disputed questions of fact and enforcement of rights under a decree or award are involved. The petitioner, therefore, has to necessarily avail the remedies available before the Executing Court in accordance with law.
3. It is not in dispute that the respondent has secured an arbitral award, which has attained finality and is presently put into execution. Once an arbitral award has reached finality and has entered the realm of execution, interference under writ jurisdiction is impermissible except in exceptional circumstances, none of which are made out in the present case. In such circumstances, no writ of mandamus can be issued to restrain the execution or consequential auction proceedings.
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HC-KAR NC: 2026:KHC:20886 WP No. 6164 of 2026
In view of the foregoing, this Court finds no merit in the writ petition. The petition is accordingly dismissed as being devoid of merits. No order as to costs.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
NBM List No.: 1 Sl No.: 14