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Judgment
Sri.G.B.Nandish Gowda., counsel for the petitioners has appeared in person.
Though the matter is listed today for preliminary hearing, it is heard.
This petition is filed seeking following reliefs:
a)Issue a writ in the nature of the Certiorari quashing the order dated 13.07.2026 passed by the Court of the 32nd Addl. Chief Judicial Magistrate, at Bengaluru in Crl.Misc.No.6205/2026, vide Annexure-K.
b)And grant such other relief or directions as this Hon'ble Court deems fit under the circumstances of the case including costs, in the interest of justice and equity.
Counsel for the petitioners urged several contentions. Heard the arguments and perused the papers with care.
Suffice it to note that the first respondent Bank had filed petition under Section 14 of the SARFAESI Act in Crl.Misc.No.6205/2026 and the Court vide order dated:13.07.2026 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. 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 petitioners may approach the appropriate forum, if so advised and if the law permits.
Because of dismissal the Writ Petition, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of.