Mrs Didar Nazima v. Axis Bank Limited
Case brief
What is this about?
Karnataka HC, Bengaluru; NC: 2026:KHC:31024; WP No. 29779 of 2024 (GM-DRT); decided 23.06.2026 by Ms. Justice Jyoti M. Petitioners: Mrs. Didar Nazima and Mr. Mohammed Rahan (adv. K. Shashikanth Prasad); Respondent: Axis Bank Limited (adv. Nairodhya for Francis Xavier). Subject: refusal of writ review of a Section 14 SARFAESI Act possession/order (Crl.Misc.No.149/2024, order dated 10.07.2024, Principal Senior Civil Judge and CJM, Mangaluru); alternate remedy of appeal before DRT; Article 226 not to circumvent statutory procedures; reliance on United Bank of India v. Satyawati Tondon; writ petition dismissed, interim orders discharged.
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 because the Tribunal has been established specifically to adjudicate the lis.