SRI. KAUSHIK KUMAR DAS v. M/S. HDFC BANK LIMITED
Case at a glance
Outcome
Dismissed
Accordingly, the writ petition is dismissed
Provisions considered
Judgment
THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 17276 OF 2024 (GM-DRT) BETWEEN:
SRI. KAUSHIK KUMAR DAS S/O MRINAL KANTI DAS AGED ABOUT 43 YEARS FLAT-009, SARANYA ENCLAVE APARTMENT, S NO.48, MUNICIPAL NO.07, GREEN GARDEN LAYOUT, MUNEKOLALA VILLAGE, VARTHUR, BENGALURU – 560 037.
M/S. THE PREMIUM A PROPRIETOR FIRM REPRESENTED BY IT'S PROPRIETOR KAUSHIK KUMAR DAS, OFFICE AT NO.4-85/2, SGD DENTAL COLLEGE ROAD, MUNNEKOLALA, MARTHALLI RING ROAD, DODDANEKKUNDI, BENGALURU – 560 037. Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA (BY SRI. VASANTH KUMAR N, ADVOCATE) …PETITIONERS - 2 - NC: 2026:KHC:8339 WP No. 17276 of 2024 HC-KAR AND: M/S. HDFC BANK LIMITED REPRESENTED BY ITS AUTHORIZED OFFICER SRI. YOGESH, OFFICE AT HDFC HOUSE, NO.51, KASTURBA ROAD, BANGALORE - 560 001. (BY SRI. FRANCIS XAVIER, ADVOCATE FOR C/R) …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI TO STAY ORDER OF CJM RURAL BANGALORE IN CRL. MISC NO. 411/2024 DTD. 11.03.2024 UNDE SECTION 14 OF THE SARFAESI ACT (ANNX-A) AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: *** - 3 - NC: 2026:KHC:8339 WP No. 17276 of 2024 HC-KAR CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioners filed this writ petition challenging the order dated 11.03.2024 passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the SARFAESI Act’) in Crl. Misc. No.411/2024 by the learned CJM, Rural, Bangalore.
2. The petitioners have an efficacious remedy under Section 17 of the SARFAESI Act. The petitioners, without exhausting the equal efficacious remedy, filed this writ petition. Hence, the writ petition filed by the petitioners is not maintainable in view of proposition of law laid down by the Hon’ble Apex Court in the case of RIKHAB CHAND JAIN VS. UNION OF INDIA IN C.A.NO.6719 OF 2012 disposed off on 12.11.2025. - 4 - NC: 2026:KHC:8339 WP No. 17276 of 2024 HC-KAR
Operative part
Accordingly, the writ petition is dismissed.
The Liberty is reserved to the petitioners to approach the appropriate forum, if so advised.
The respondents are directed not to take coercive action for a period of 30 days from today.
Pending applications, if any, stand disposed off accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SSB
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the writ petition is dismissed
Which statutory provisions did this judgment involve?
Constitution of India — arts. 226, 227; Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.