Dismissed¶19

Shri Shantaraj S/O Baburao Chivate v. the Union Bank of India

Karnataka HC2 Apr 2025WP/100294/2025

Case brief

AI extract

What is this about?

SARFAESI Act Section 14 order challenged by writ of certiorari; alternate statutory remedy of appeal before DRT; writ jurisdiction declined; petition rejected at preliminary hearing ('B' group); Union Bank of India, Keshwapur-Hubballi Branch; order dated 04.01.2025 in Crl. Misc. No.382/2024 by I Addl. Senior Civil Judge and CJM, Dharwad; Karnataka High Court, Dharwad Bench; NC: 2025:KHC-D:5887.

What did the court decide?

As against an order passed under Section 14 of the SARFAESI Act, there is an alternate and statutory remedy of filing an appeal before the DRT. ¶19

Shri Shantaraj S/O Baburao Chivate Vs the Union Bank… — Banking and Recovery | Karnataka HC (2025)

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NC: 2025:KHC-D:5887 WP No. 100294 of 2025

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 2^ND DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 100294 OF 2025 (GM-RES)

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BETWEEN:

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SHRI. SHANTARAJ S/O BABURAO CHIVATE, AGE: 59 YEARS, OCC: PRIVATE SERVICE, R/O: H.NO. 27, SIDDARAMESHWAR NAGAR, ANAND NAGAR, HUBBALLI, DIST: DHARWAD, KARNATAKA-580 024.

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SHRI. GURURAJ S/O BABURAO CHIVATE C/O BABURAO CHIVATE, AGE: 52 YEARS, OCC: PAN SHOP, R/O: H.NO.27, SIDDARAMESHWAR NAGAR, ANAND NAGAR, HUBBALLI, DIST: DHARWAD, KARNATAKA-580 024. … PETITIONERS

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(BY SRI. D.B.KARIGAR., ADVOCATE)

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AND:

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Digitally signed by PREMCHANDRA M R Location: HIGH THE UNION BANK OF INDIA, COURT OFKARNATAKA BRANCH OFFICE @ KESHWAPUR, HUBBALLI BRANCH, DIST: DHARWAD, KARNATAKA-580 020, REP. BY AUTHORISED OFFICER, MR. ANISH KUMAR K.C. S/O K.K. CHANDRASEKHARAN, AGE: 42 YEARS, … RESPONDENT (BY SRI. GIRISH S. HULMANI, ADVOCATE)

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2 - NC: 2025:KHC-D:5887 WP No. 100294 of 2025

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

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THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:

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ORAL ORDER

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Sri.D.B.Karigar., counsel for the petitioners and Sri.Girish S.Hulmani., counsel for the respondent have appeared in person.

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The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated 04.01.2025 passed by the Court of I Additional Senior Civil Judge and CJM, Dharwad in Criminal Miscellaneous No.382/2024 vide Annexure-D.

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The order is passed under Section 14 of the SARFAESI Act. Suffice it to note that as against the order passed under Section 14 of the Act, there is an alternate and statutory remedy of filing an appeal before the DRT. Hence, I decline to exercise power under Writ jurisdiction. Accordingly, Writ Petition is rejected .

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NC: 2025:KHC-D:5887 WP No. 100294 of 2025

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Because of the rejection of the Writ Petition, all pending

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interlocutory applications if any are disposed of and the interim order if any granted by this Court stands discharged.

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Sd/(JYOTI MULIMANI) JUDGE

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RH LIST NO.: 1 SL NO.: 68