Authority: High Court of Karnataka at Bengaluru

Order Date: 8 July 2026

Case Overview

  • Petitioners: P. Vadiraj Acharya (age ~56) and Mrs. JayanthI (age ~52), residing at Door No.7‑50, Waipadi House, Santhyar, Post: Perdoor‑576124, Udupi Taluk and District.
  • Respondent: The Authorized Officer and Chief Manager, Union Bank of India, HiriYadka‑576113, Udupi District.
  • Petition Number: Writ Petition No. 1017 of 2023 (GM‑DRT), filed under Articles 226 and 227 of the Constitution of India seeking (a) setting aside the order dated 01‑08‑2022 in Crl.Misc.No.122/2022 passed by the Principal Senior Civil Judge and CJM, Udupi, and (b) any other relief deemed fit.
  • Counsel: Petitioners represented by Sri. Naveen Kumar M.G., Advocate (on behalf of Sri. K. Shashikanth Prasad, Advocate). Respondent represented by Smt. Divya Purandar, Advocate.
  • Background: The Union Bank of India had filed a petition under Section 14 of the SARFAESI Act in Crl.Misc.No.122/2022. The Senior Civil Judge and CJM, Udupi, on 01‑08‑2022, allowed the bank’s petition. The petitioners challenged that order through a writ petition, arguing that the order should be set aside.
  • Legal Reasoning: The Court observed that orders passed under Section 14 of the SARFAESI Act are subject to appeal before the Debt Recovery Tribunal (DRT) and cannot be questioned via writ jurisdiction where a specific statutory remedy exists. The Court emphasized that Article 226 is not a substitute for statutory procedures and cited the Apex Court’s observation in United Bank of India v. Satyawati Tondon & Others that High Courts must not bypass DRT remedies, as doing so adversely impacts banks’ rights to recover dues.

Final Outcome

  • The High Court declined to exercise its writ jurisdiction and dismissed the writ petition.
  • The interim order, if any, granted earlier stands discharged, and any pending interlocutory applications are disposed of.
  • Petitioners are directed to approach the appropriate statutory forum (DRT) if the law permits.

Topics: SARFAESI Act, Writ Petition, Banking Regulation