Dismissed¶45

Mrs. S Gayathri v. Icici Bank Ltd.

Karnataka HC2 Jun 2026WP/15776/2026

Case brief

AI extract

What is this about?

Karnataka High Court at Bengaluru, WP No. 15776 of 2026 (GM-DRT), neutral citation NC: 2026:KHC:25647, decided 02.06.2026 by Jyoti M, J. Borrowers/petitioners challenged order dated 13.05.2026 in Crl.Misc.No.50171/2026 of XI ACJM, Bengaluru City passed under Section 14 of the SARFAESI Act, sought six months' protection from dispossession by ICICI Bank Ltd. and settlement of amounts paid from sale proceeds. Held non-maintainable in writ jurisdiction; alternate remedy of appeal before DRT; petition dismissed. Keywords: Article 226, Section 14 SARFAESI Act, alternate remedy, DRT, dispossession, secured creditor.

What did the court decide?

An order passed under Section 14 of the SARFAESI Act cannot be questioned under writ jurisdiction, as laid down by the Apex Court in catena of decisions; the alternate remedy is to file an appeal before the DRT.

Mrs. S Gayathri Vs Icici Bank Ltd. — Banking and Recovery | Karnataka HC (2026)

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NC: 2026:KHC:25647 WP No. 15776 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. 15776 OF 2026 (GM-DRT)

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BETWEEN:

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MRS. S.GAYATHRI, W/O. MR. S.SURYA PRAKASH, AGED ABOUT 65 YEARS, R/AT, NO.3, 3RD CROSS, VIJINAPUR, KODANDARAMA REDDY LAYOUT, RAMAMURTHY NAGAR, BENGALURU-560016.

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MR. ACCHANNA, S/O MR.RAMA SHASTRY, AGED ABOUT 62 YEARS, R/AT NO.1085/4, 9TH A MAIN, KALYAN NAGAR 1ST BLOCK, BENGALURU-560043.

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

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MRS. AMUDHAVALLI GOPI, AGED ABOUT 48 YEARS, W/O. MR. GOPI, R/AT NO.171, 4TH CROSS, 7TH MAIN, M.V GARDEN, HALASURU, BENGALURU-560078.

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MR. R.MANJUNATH KAKDE, S/O. MR. RAVI K.M., AGED ABOUT 36 YEARS, R/AT NO.25, 2ND STREET, SHIVAN CHETTY GARDEN, BHARATHI NAGAR, BENGALURU NORTH, KARNATAKA - 560042.

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NC: 2026:KHC:25647 WP No. 15776 of 2026

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HC-KAR

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MR. ANIL KUMAR KAMATH, S/O. MR. SAINI KAMATH, AGED ABOUT 37 YEARS, R/AT NO.26, 5TH CROSS, OPP FCI MAIN ROAD, VIJINAPURA, BENGALURU-560016.

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MRS. KODIKONDA LAVANYA, W/O. MR. NARAYANA SWAMY KURAKULA, AGED ABOUT 37 YEARS, R/AT NO.25-26, MANJUNATHA NAGAR, 7TH CROSS, RAMAMURTHY NAGAR, NEAR LAKSHMI NARASIMHA SWAMY TEMPLE, DOORAVANINAGAR, BENGALURU-560016.

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MR. SHRINENAIKA S.R., S/O. MR. RAMASWAMY NAIKA, AGED ABOUT 36 YEARS, NO.49, SADDAPALLI, GULUR HOBLI, NARAVALAPALLI POST, BAGEPALLI TALUK, CHIKKABALLAPUR DIST-561207.

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MR. SHARATH KUMAR S., S/O. MR. SANTHANAM R., AGED ABOUT 30 YEARS, RESIDENT OF NO.U- 42, 5TH MAIN, 8TH CROSS, 2ND RAILWAY GATE, BHUVANESHWARI NAGAR, K.P.AGRAHARA, MAGADI ROAD, BENGALURU-560023.

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…PETITIONERS

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(BY SRI. GAUTAM MOHAN, ADVOCATE)

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AND:

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ICICI BANK LTD., PRIVATE COMMERCIAL BANK, OFFICE AT NO. 4/10, MYTHREE TOWER, BOMMANHALLI, HOSUR MAIN ROAD, BENGALURU -560068.

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NC: 2026:KHC:25647 WP No. 15776 of 2026

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HC-KAR

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REPRESENTED BY THE AUTHORISED OFFICER

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…RESPONDENT

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(BY SRI. B.S.JEEVAN KUMAR, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 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.Gautam Mohan., counsel for the petitioners and Sri.B.S.Jeevan Kumar., counsel for the respondent have appeared in person.

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The petition is filed seeking following reliefs:

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I. The petitioners above named humbly prays that this Court may be pleased to call for the concerned records of the XI ACJM, Bengaluru City, with regard to order dated:13.05.2026 in Crl.Misc.No.50171/2026 and issue appropriate writ or order by granting the following reliefs:

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II. Direct that the petitioners may not be dispossessed of the petition schedule property by the respondent for a period of six months so that the petitioners may equip themselves to find alternative accommodations.

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NC: 2026:KHC:25647 WP No. 15776 of 2026

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HC-KAR

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III. Order that the amounts paid by the petitioners be settled out of the balance of the sale amount recovered after attachment and sale of the petition schedule property.

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IV. Grant such other relief or reliefs as the situation demands to meet the ends of justice.

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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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The Trial Court had passed the final order on 13.05.2026 under Section 14 of the SARFAESI Act. The same cannot be questioned under writ jurisdiction, as the law is laid down by the Apex Court in catena of decisions. There is an alternate remedy of filing an appeal before the DRT. 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.: 40

Mrs. S Gayathri v. Icici Bank Ltd.

Case brief

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Mrs. S Gayathri v. Icici Bank Ltd.

Case brief

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