Shri. Nagarathinam Kuppuswamy v. Bank of Baroda
Case brief
What is this about?
Karnataka High Court (Bengaluru), WP No. 18307 of 2026 (GM-DRT), decided 06.07.2026 by Ms. Justice Jyoti M. Petitioners challenged under Articles 226/227 the CJM's order dated 27.11.2025 in Crl.Misc.No.8070/2025 permitting action under Section 14 SARFAESI Act, and sought a declaration of no valid mortgage. Petition dismissed: Section 14 SARFAESI orders not open to writ challenge given alternate DRT appeal; Article 226 cannot circumvent statutory remedies; reliance on United Bank of India v. Satyawati Tondon (Apex Court caution on writ interference with bank recovery); interim order discharged, IAs disposed.
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; the litigants are not remediless since the Tribunal was established specifically to adjudicate the lis.