Ms. Anindita Roy v. the Manager
Case brief
What is this about?
Karnataka HC (Bengaluru), single judge (Jyoti M), WP No. 20538 of 2026 (GM-DRT), decided 07.07.2026. Petitioner Anindita Roy sought certiorari to quash CJM Bengaluru Rural order dated 30.10.2021 in Crl. Misc.Pet. 649/2021 under Section 14 SARFAESI Act (City Union Bank physical possession) and mandamus for release of mortgaged property. Dismissed on alternate-remedy ground: appeal before DRT available; Article 226 not to circumvent statutory remedies; United Bank of India v. Satyawati Tondon relied on. Keywords: SARFAESI Section 14, DRT appeal, alternate remedy, Article 226, certiorari, mandamus, mortgage release, City Union Bank, State Bank of India, Eternity Structures Pvt. Ltd.
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, the Tribunal having been established specifically to adjudicate the lis.