Sri Mohammed Rafik v. Equitas Small Finance Bank Limited
Case brief
What is this about?
Karnataka High Court at Bengaluru, single bench of Hon'ble Ms. Justice Jyoti M, WRIT PETITION NO. 16279 OF 2026 (GM-DRT), decided 05.06.2026. Petitioner Mohammed Rafik sought certiorari against the order dated 23.04.2026 of the Principal Senior Civil Judge and CJM, Davanagere in Cr.Misc.No.299/2026 allowing the respondent bank's (Equitas Small Finance Bank Limited) application under Section 14 of the SARFAESI Act. The Court held that a Section 14 SARFAESI Act order is not amenable to writ jurisdiction given the alternate remedy of appeal before the DRT, declined writ jurisdiction, and dismissed the petition. Keywords: SARFAESI Act Section 14, alternate remedy, appeal before DRT, writ jurisdiction declined, certiorari, secured creditor, GM-DRT.
What did the court decide?
An 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.