- 1 - NC: 2025:KHC:10173 WP No. 7062 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 7062 OF 2025 (GM-DRT) BETWEEN: 1. M/S. ASK RENEWABLES OFFICE AT: NO.50, 2ND FLOOR, 2ND MAIN, 5TH 'A' CROSS, COCONUT GARDEN, BENGALURU – 560 072 REPRESENTED BY ITS MANAGING PARTNER MRS. MANJU G. 45 YEARS. (PRINCIPAL BORROWER FIRM) 2. MRS. MANJULA G., W/O. RAVIKUMAR S.M. AGED 45 YEARS PARTNER M/S.ASK RENEWABLES, RESIDING AT: NO50, 2ND FLOOR, 2ND MAIN, 5TH 'A' CROSS, COCONUT GARDEN, BENGALURU – 560 072 (PARTNER/BORROWER FIRM) 3. MRS. NAYANA HEGDE, W/O. NITHIN HEBBAR, AGED 36 YEARS PARTNER M/S.ASK RENEWABLES, RESIDING AT: NO.10144, SOBHA ASPIRE, NAGASANDRA, BENGALURU – 560 073 Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:10173 WP No. 7062 of 2025 (PARTNER/BORROWER FIRM). 4. MRS. SWAPNA KALANJI W/O. YOGESWAR HEBBAR, AGED 40 YEARS PARTNER M/S.ASK RENEWABLES RESIDING AT NO.09, VENKATESHWAR NILAYA, ANANTHASHAYANAGAR, LAGGERE, BENGALURU – 560 058. 5. MRS.LAKSHMIPATHY, S/O. GOPALAPPA, AGED 50 YEARS PARTNER OF M/S.ASK RENEWABLES, RESIDING AT NO. 27, 10TH CROSS, 9TH MAIN, HENNUR MARUTHI LAYOUT, KALYAN NAGAR, BENGALURU – 560 043 (PARTNER/BORROWER FIRM) FIRM INCORPORATED UNDER ACT 1956 …PETITIONERS (BY SRI V. MOHAN, ADVOCATE) AND: THE AUTHORIZED OFFICER M/S. CANARA BANK REPRESENTED BY ITS AUTHORIZED OFFICER/ CHIEF MANAGER HAVING ITS BRANCH OFFICE AT NO. 473, D(7), 13TH CROSS, 4TH PHASE, PEENYA INDUSTRIAL AREA, BENGALURU – 560 048. - 3 - NC: 2025:KHC:10173 WP No. 7062 of 2025 (BANKING COMPANY REGISTERED UNDER COMPANIES ACT 1949) …RESPONDENT (BY SRI VIGNESH SHETTY, ADVOCATE FOR C/R) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER ON IA DTD. 06.03.2025 (ANNX-A) PASSED BY DRT, BANGALORE (DRT-I) IN SA.36/2025 VACATING THE CONDITIONAL INTERIM STAY GRANTED ON 20.01.2025 AS PER ANNX-B IN RESPECT OF THE SCHEDULE PROPERTY. 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 vacation of the conditional interim order of stay dated 20.01.2025, granted by the Debts Recovery Tribunal – I and the order dated 06.03.2025, rejecting interlocutory application seeking extension of time to comply with the conditional interim order, in S.A.No.36/2025. 2. Heard Sri V. Mohan, learned counsel for petitioners and Sri Vignesh Shetty, learned counsel for the caveator – respondent. - 4 - NC: 2025:KHC:10173 WP No. 7062 of 2025 3. The learned counsel for the petitioners would vehemently contend that petitioner No.1 with petitioner Nos.2 to 5 are MSME firm and partners of the firm. The Debts Recovery Tribunal had granted a conditional order on 20.01.2025, subject to, remittance of `5/- lakhs by the petitioners. Due to critical health condition of the son of one of the active partner, the said amount could not be deposited. The plea seeking extension of time also came to be turned down on 06.03.2025. The Debts Recovery Tribunal vacates the interim order of stay, which would lead to forcible dispossession of the petitioners by the respondent. 4. Per conta, Sri Vignesh Shetty, learned counsel for respondent – bank would contend that the petition is not maintainable before this Court as the petitioners are already before the Debts Recovery Tribunal as the petitioners and they have not complied with the conditional order of the Debts Recovery Tribunal by depositing the amount. Therefore, the petition should be dismissed. 5. The issue in the case at hand lies in a narrow compass. The proceedings are at large before the Debts Recovery - 5 - NC: 2025:KHC:10173 WP No. 7062 of 2025 Tribunal in S.A.No.36/2025. The Debts Recovery Tribunal passes a conditional order; the conditional order is breached as no payment is made and justification of some kind is projected before this Court. In the light of the projection of the ill-health of the son of one of the partners of petitioner No.1, I deem it appropriate to grant 5 weeks time from the date of uploading of this order, to deposit the amount as directed by the Debts Recovery Tribunal. 6. Till such time, the order vacating the conditional interim order shall remain stayed. In the event, the petitioners would not deposit the amount stipulated by the Debts Recovery Tribunal, the order vacating the conditional interim order would get restored. 7. With the aforesaid observations, the petition stands disposed. SD/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 2 Sl No.: 9