Disposed¶38

Mr G Moideen v. Deputy Commissioner and District Magistrate

Karnataka HC6 Apr 2026WP/9813/2022

Case brief

AI extract

What is this about?

Third-party writ petition WP No. 9813 of 2022 (GM-DRT), NC: 2026:KHC:18706, HC-KAR, decided 06.04.2026, Lalitha Kanneganti J. Keywords: SARFAESI Act Section 14; writ petition against Section 14 order not maintainable; effective alternative remedy before DRT; certiorari; Articles 226 and 227 of the Constitution of India; proceedings of Deputy Commissioner and District Magistrate Dakshina Kannada dated 16.10.2018 (Annexure-A); MAG(2) CR 383/2018/47108/C4; Axis Bank Retail Assets Center Mangalore; disposed with liberty to approach DRT; pending IAs closed.

What did the court decide?

Writ petition disposed of with liberty to the petitioner to avail the appropriate remedy before the DRT; pending IAs, if any, shall stand closed. ¶38

Mr G Moideen Vs Deputy Commissioner and District… — Banking and Recovery | Karnataka HC (2026)

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NC: 2026:KHC:18706 WP No. 9813 of 2022

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF APRIL, 2026

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 9813 OF 2022 (GM-DRT)

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BETWEEN:

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MR. G. MOIDEEN S/O LATE SRI HAJI ABDUL KHADER, AGED ABOUT 72 YEARS, R/AT APARTMENT NO.209, SECOND FLOOR, MAURISHKA PARK, BLOCK A, KODIALBAIL,

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MANGALORE, D.K. - 575 003

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…PETITIONER

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(BY SRI. UDAYA PRAKASH M., ADVOCATE)

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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AND:

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DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE DAKSHINA KANNADA, MANGALURU - 575 001

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MRS. SHAMAZ IBRAHIM W/O MR. IBRAHIM S., AGED ABOUT 42 YEARS,

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NC: 2026:KHC:18706 WP No. 9813 of 2022

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HC-KAR

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MR IBRAHIM S

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S/O MR SAYYAD BEARY, AGED ABOUT 50 YEARS,

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M/S AXIS BANK RETAIL ASSETS CENTER, ESSEL TOWERS, 2^ND FLOOR, BUNTS HOSTEL CIRCLE, MANGALORE - 575 003 REPRESENTED BY BRANCH MANAGER

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MR ISMAIL MOHAMMED NADIGUTHU S/O ABDUL RAHMAN, R/AT NADIGUTHUR HOUSE, JOKATTE POST, MANGALURU TALUK - 575 030

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…RESPONDENTS

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(BY SRI. MAHANTESH SHETTER, AGA FOR R1)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROCEEDINGS OF R-1 DTD 16.10.2018 VIDE ANNX-A. GRANT AN INTERIM ORDER TO STAY OF ALL THE FURTHER PROCEEDINGS IN FURTHERANCE OF THE ORDER DTD 16.10.2018 VIDE ANNX-A.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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NC: 2026:KHC:18706 WP No. 9813 of 2022

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HC-KAR

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ORAL ORDER

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The writ petition is filed by the third party seeking the following prayers:

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"a. To issue a writ of Certiorari or any other writ, order or directions, quashing the proceedings of 1st Respondent dated 16-102018 in the MAG(2) CR 383/2018/47108/C4 produced at ANNEXURE A.

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b. To pass such other and further order as deemed fit to be granted under such other circumstances of the case."

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The petitioner has an effective alternative remedy before the DRT and the writ petition against an order passed under Section 14 of the SARFAESI Act is not maintainable.

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