IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.09.2025 CORAM : THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN WP No.34206 of 2025 and WMP Nos.38351, 38352 and 38353 of 2025 1. NSTG India Private Limited Rep by its Director, Nithyaa.S, Having its Office No.50, Paparambakkam Road, Mannur, Sriperumbadur, Kanchipuram-602 105. 2. A.Suresh Kumar S/o. Late.Avinashilingam, No.302, Dr.Rajendra Prasad Road, Tatabad, Coimbatore-641 012. Petitioner(s) Vs 1. Karnataka Bank Limited Asset Recovery Management Branch, Rep by its Chief Manager/ Authorized Manager, No.324, Ground Floor, Thambu Chetty Street, Chennai-600 001. ______________ p. 2 2. Balasaravanan.V S/o Venkatesan, No.1/3, VOC Site No.3, Sowripalayam, Coimbatore-641 028. Respondent(s) PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus calling for the entire records pertaining to the order in IA No.818 of 2025 in A.I.R. 1162 of 2025 dated 01.08.2025 and quash the same and consequently direct the Debt Recovery Appellate Tribunal at Chennai to dispose of the appeal in A.I.R. 1162 of 2025 on its file on merits and in accordance with law. For Petitioner(s): Mr.D.Udhayasuriyan ORDER (Order of the Court was made by the Hon'ble Chief Justice) Challenge to order dated 1.8.2025 passed by the Debt Recovery Appellate Tribunal (DRAT) is made mainly on the ground that the Debts Recovery Tribunal (DRT) and the DRAT both ignored to take into consideration that one of the main grounds of challenge to the sale was that it was actuated by fraud and collusion. The property worth more than Rs.2 Crores was sold by way of auction for a song. ______________ p. 3 2. After going through the order passed by the DRT and the order which has now been passed by the DRAT, we find that the DRAT has passed an interim order in favour of the petitioners, subject to deposit of 30% of the total amount of sale and, that too, in two equal installments. 3. It is not a case where the petitioners' challenge has not been entertained or rejected outright. The DRAT, as a condition for entertaining the appeal, has directed the petitioners to make payment of the pre-deposit amount, which is quite consistent with the statutory scheme of appellate provision contained in the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. We also bear in mind the statutory requirement of pre-deposit as contained in Section 18 of the Act. 4. We do not find any error of jurisdiction or any case of hardship made out by the petitioners. ______________ p. 4 Writ petition is dismissed. WMP No.38531 of 2025 filed to permit the petitioners to join together and file a single writ petition is allowed. Other interim applications stand closed. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 09.09.2025 Index : No Neutral Citation : No sasi To: 1. The Chief Manager/Authorised Manager Karnataka Bank Limited Asset Recovery Management Branch, No.324, Ground Floor, Thambu Chetty Street, Chennai-600 001. ______________ p. 5 THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J. (sasi) WP No.34206 of 2025 and WMP Nos.38351, 38352 and 38353 of 2025 09.09.2025 ______________