Dismissed¶29

Sri. Jaffer Ali, v. the Authorised Officer

Karnataka HC2 Jun 2026WP/12915/2026

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; WP No. 12915 of 2026 (GM-DRT); Article 227 writ jurisdiction vs alternate remedy; Section 18 SARFAESI Act; DRAT appeal; DRT-I Bengaluru interim order of stay dated 27.01.2026 vacated on 13.03.2026 for non-compliance; I.A.No.871/2026 in S.A.No.53/2026; writ of certiorari refused; Authorised Officer, ICICI Bank Ltd.; petitioners Jaffer Ali and Propurban Advisory Services Pvt. Ltd.; single-judge bench of Justice Jyoti M; decided 02.06.2026; writ petition dismissed, interim orders discharged. Useful for advocates assessing when vacation of a DRT interim order must be contested before the DRAT rather than under Article 227.

What did the court decide?

Vacation of the interim order cannot be questioned under writ jurisdiction. ¶28

Sri. Jaffer Ali, Vs the Authorised Officer — Company and Corporate | Karnataka HC (2026)

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1 - NC: 2026:KHC:25646 WP No. 12915 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI M

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WRIT PETITION NO. 12915 OF 2026 (GM-DRT)

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BETWEEN:

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SRI. JAFFER ALI, S/O. LATE SRI. MIR TAHER HUSSAIN, AGED ABOUT 63 YEARS, NEW NO.5, OLD NO.852, 10TH CROSS, 1ST MAIN ROAD, OPPOSITE TO BALAK ENGLISH SCHOOL, DIVANRAPALYA, GOKUL EXTENSION, BENGALURU - 560 054.

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Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA

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PROPURBAN ADVISORY SERVICES PVT. LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT, 2013 REPRESENTED BY ITS DIRECTOR SRI. JAFFER ALI, NO.1281, GROUND FLOOR, GOLDEN TOWER, OLD AIRPORT ROAD, KODIHALLI, BENGALURU-560 017. …PETITIONERS (BY SRI. DR. PRAJWAL ARADHYA, ADVOCATE FOR SRI. S.KALYAN BASAVARAJ, ADVOCATE)

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AND:

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THE AUTHORISED OFFICER, ICICI BANK LTD., HAVING OFFICE AT 4/10, MYTHREE TOWER, BOMMANAHALLI HOSUR MAIN ROAD, BOMMANAHALLI BRANCH, BENGALURU-560 064. …RESPONDENT (BY SRI. FRANCIS XAVIER, ADVOCATE)

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NC: 2026:KHC:25646 WP No. 12915 of 2026

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HC-KAR

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THIS WRIT PETITION IS FILED UNDER ARTICLE 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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Dr.Prajwal Aradhya., counsel on behalf of Sri.S.Kalyan Basavaraj., for the petitioners and Mr.Francis Xavier., counsel for the respondent have appeared in person.

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2. The petition is filed seeking following reliefs:

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I. Issue a writ of certiorari, quashing and setting aside the impugned order dated:13.03.2026 passed by the Debts Recovery Tribunal-I, Bengaluru in I.A.No.871/2026 in S.A.No.53/2026 vide Annexure-A.

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II. Direct the Debts Recovery Tribunal-I, Bengaluru to restore the interim order of stay dated:27.01.2026 vide AnnexureA and to hear and decide the petitioners application for extension of time on merits, after notice to the Respondent Bank.

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III. Grant any other order/s as this Hon'ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity.

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3 - NC: 2026:KHC:25646 WP No. 12915 of 2026

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HC-KAR

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Counsel for the respective parties urged several contentions. Heard the arguments and perused the papers with care.

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Suffice it to note that the DRT had passed a conditional interim order on 27.01.2026. Due to noncompliance, the interim order came to be vacated vide order dated:13.03.2026. The vacating of the interim order cannot be questioned under writ jurisdiction. As there is an alternate remedy as contemplated under Section 18 of the SARFAESI Act to approach DRAT. Hence, I decline to exercise power under writ jurisdiction. Accordingly, the writ petition is dismissed .

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Because of dismissal the Writ Petition, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of.

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Sd/(JYOTI M) JUDGE

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MRP List No.: 1 Sl No.: 39

Sri. Jaffer Ali, v. the Authorised Officer

Case brief

What is this about?

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Sri. Jaffer Ali, v. the Authorised Officer

Case brief

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