- 1 - NC: 2025:KHC:14918 WP No. 6447 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 6447 OF 2025 (GM-DRT) BETWEEN: 1. M/S. S. K. CONSTRUCTION PROP: SMT CHANDAMMA, W/O SRI K. SIDDAPPA, AGED 51 YEARS, NO. A/12, 5TH MAIN ROAD, BEHIND AKASHAVANI, YADAVAGIRI, MYSORE 570020. 2. MR. K. SIDDAPPA S/O K MALLAIAH, AGED ABOUT 57 YEARS, NO. A-12, 5TH MAIN ROAD, BEHIND AKASHAVANI, YADAVAGIRI, MYSORE 570020. …PETITIONERS (BY SMT. AMRUTHA RAO, ADV., FOR SMT. SANDHYA U. PRABHU, ADVOCATE) AND: 1. BANK OF BARODA REPRESENTED BY ITS AUTHORIZED OFFICER/ Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:14918 WP No. 6447 of 2025 CHIEF MANAGER, NO.441 AND 504, NEW KALIDASA ROAD, VIJAYANAGAR 1ST STAGE, MYSORE - 570017. …RESPONDENT (BY SMT. NATASHA MURTHY, ADV., FOR SRI. VIGNESH SHETTY, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE HON'BLE DEBTS RECOVERY TRIBUNAL II AT BANGALORE TO CONSIDER THE APPLICATION FILED BY THE PETITIONER IN S.A NO. 31/2025 FOR MODIFICATION OF ORDER DTD. 22.01.2025 PRODUCED AT ANNX-J AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court, seeking the following prayers: "a) Issue a writ of Mandamus directing the Hon'ble Debts Recovery Tribunal II at Bangalore to consider the application filed by the petitioner in S.A.No.31/2025 for modification of order dated 22/01/2025 produced at Annexure-J. - 3 - NC: 2025:KHC:14918 WP No. 6447 of 2025 b) Grant any other relief as this Hon'ble court deems fit in the facts and circumstances of the case including awarding costs, in the interest of justice and equity." 2. Heard Smt. Amrutha Rao, learned counsel along with Smt. Sandhya U. Prabhu, learned counsel appearing for the petitioners, Smt. Natasha Murthy, learned counsel along with Sri. Vignesh Shetty, appearing for the respondent and have perused the material on record. 3. The petitioner avails finance from the respondent - Bank, which becomes sticky and on it becoming sticky, the respondent has instituted proceedings under the SARFAESI Act, 2002. 4. The issue in the lis is not with regard to the merit of the matter. The petitioner is driven to this Court on the application seeking extension of time not being entertained by the Debts Recovery Tribunal for compliance with the interim order. The Debts Recovery Tribunal grants an interim order subject to certain conditions. The first chunk of payment is made and the next two chunks were not made and therefore, the petitioner is before this Court. - 4 - NC: 2025:KHC:14918 WP No. 6447 of 2025 5. The learned counsel appearing for the petitioners submits that the order granted by this Court has been complied with, which is acknowledged by the respondent - Bank. 6. In that light, I deem it appropriate to permit the petitioner to pursue the remedy before the Debts Recovery Tribunal. 7. In the light of the compliance with the interim order granted, the interim order granted by the Debts Recovery Tribunal would stand continued, subject to further orders that would be passed by the Debts Recovery Tribunal. With the aforesaid observations, the petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 27