V Balaraj vs M/S Karvy Financial Services Limited on 21 February, 2025

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Karnataka High Court

V Balaraj vs M/S Karvy Financial Services Limited on 21 February, 2025

Bench: Jyoti Mulimani

                                              -1-
                                                            NC: 2025:KHC:7851
                                                         WP No. 14145 of 2021




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 21ST DAY OF FEBRUARY, 2025

                                           BEFORE
                        THE HON'BLE MS. JUSTICE JYOTI MULIMANI
                       WRIT PETITION NO. 14145 OF 2021 (GM-RES)
                BETWEEN:

                1.    V.BALARAJ
                      S/O VEDIYAPPA,
                      AGE 44 YEARS,
                      R/AT NO.16, 1ST FLOOR, 1ST CROSS,
                      22 MAIN, GUMMAIAH LAYOUT,
                      NEAR CHOWDESHWARI TEMPLE,
                      BANGALORE-560 070.

                2.    MRS. JYOTHI.B.N.
                      W/O V.B.BALARAJ,
                      AGE MAJOR,
                      R/O NO.16, 1ST FLOOR, 1ST CROSS,
                      22 MAIN, GUMMAIAH LAYOUT,
                      NEAR CHOWDESHWARI TEMPLE,.
                      BANGALORE-560 070.
                                                                ...PETITIONERS
Digitally signed by  (BY SRI. K.GOVINDARAJ., ADVOCATE)
PREMCHANDRA M
R
Location: High Court
                     AND:
of Karnataka
                M/S. KARVY FINANCIAL SERVICES LIMITED.,
                HAVING ITS BRANCH OFFICE AT:
                KARVY MILLENNIUM BUILDING,
                3RD FLOOR, EAST WING,
                NANAKRAMGUDA, GACHIBOWLI,
                HYDERABAD-500 032.
                REPRESENTED BY ITS AUTHORISED OFFICER.
                                                               ...RESPONDENT
                (BY SMT. SREEDEVI., ADVOCATE FOR
                     SRI. JAI PATIL., ADVOCATE FOR C/R)
                                 -2-
                                               NC: 2025:KHC:7851
                                          WP No. 14145 of 2021




     THIS WRIT PETITION IS FILED UNDER ARTICLE AND 227
OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

    THIS WRIT PETITION IS LISTED FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS
UNDER:

                          ORAL ORDER

Smt.Sreedevi., counsel on behalf of Sri.Jai Patil., for the caveator/ respondent has appeared in person.

2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated 03.03.2021 passed by the Court of II ACMM, Bangalore in C.Misc.No.143/2021 vide Annexure-F.

3. Heard the arguments and perused the Writ papers with care.

4. The order is passed under Section 14 of the SARFAESI Act. Suffice it to note that as against the order passed under Section 14 of the Act, there is an alternate and statutory remedy of filing an appeal before the DRT. Hence, I decline to exercise power under Writ jurisdiction. -3-

NC: 2025:KHC:7851 WP No. 14145 of 2021

5. Resultantly, the Writ Petition is dismissed.

Sd/-

(JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 26

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