- 1 - NC: 2025:KHC:1592-DB WP No. 11722 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE G BASAVARAJA WRIT PETITION NO. 11722 OF 2024 (GM-DRT) BETWEEN: MR. HANUME GOWDA, S/O BASAPPA, AGED ABOUT 57 YEARS, R/AT NO.798, BEHIND POLICE STATION, BIDADI, RAMANAGARA - 562 109. …PETITIONER (BY SRI. D R RAVISHANKAR., SENIOR ADVOCATE AND SMT. KAVITHA D.,ADVOCATE) AND: 1. M/S THE BANGALORE CITY CO-OPERATIVE BANK LTD., REP BY ITS SENIOR AUTHORIZED OFFICER, OFFICE/AT NO.3, PAMPAMAHAKAVI ROAD, CHAMARAJPET, BENGALURU - 560 018. 2. MR. MADHUSUDAN S N, S/O LATE NARAYANAPPA L, AGED ABOUT 44 YEARS, R/AT NO.35, 1ST MAIN, OPP. HONNAMMA CHOULTRY, WARD NO.25, HANUMANTHANAGAR, RAMANAGARA TALUK AND DISTRICT – 562 160. …RESPONDENTS (BY SRI. LOKESH K V., ADVOCATE FOR R1; SRI. K M PRAKASH., ADVOCATE FOR R2) Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1592-DB WP No. 11722 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI BY SETTING ASIDE THE COMMON ORDER DATED 29.11.2023 PASSED BY THE CHAIRPERSON DRAT, CHENNAI VIDE ANNEXURE-C AND B) ISSUE WRIT OF MANDAMUS TO THE RESPONDENTS No-1 BANK TO ACCEPT THE PETITIONERS REQUEST TO SETTLE THE LEGALLY DISHCARGEABLE AMOUNT IMMEDIATELY AND THEREBY RESTORE THE POSSESSION AND RELEASE HIS TITLE DEEDS OF THE SCHEDULE PROPERTY. THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and HON'BLE MR JUSTICE G BASAVARAJA ORAL ORDER (PER: HON'BLE MR JUSTICE KRISHNA S DIXIT) Learned counsel appearing for the petitioner- borrower draws our attention to the order dated 21.11.2024 which reads as under: “Issue emergent notice to the respondents. No coercive action in terms of the order shall be taken against the petitioner provided that petitioner deposits 50% of the amount in the timeline prescribed as under: 20% of the amount within one week, another 15% of the amount within the following week and the remaining amount within the next following week, failing which, not only interim order stands rescinded on its own but the - 3 - NC: 2025:KHC:1592-DB WP No. 11722 of 2024 petition runs risk of dismissal on that ground per-se.” 2. Learned counsel appearing for the borrower waives two bank drafts, totally for a sum of Rs.1,41,00,000/- (Rupees One Crore & Forty One Lakh) only, telling us that these bank instruments shall be submitted to the Debt Recovery Appellate Tribunal, Chennai, which may be asked to accept the tender. Learned counsel appearing for the respondent-bank though initially opposed the same, now agrees with this proposal on our suggestion. 3. Learned Senior Advocate Sri.D.R.Ravishankar appearing for the petitioner is right in telling us that although the right of appeal is conditioned in making pre- deposit, sometimes borrowers face financial difficulty and therefore, such a condition should be a bit leniently viewed in the sense that a longer time may be given to make the said deposit. In the special circumstances of the case, we agree with this proposal. - 4 - NC: 2025:KHC:1592-DB WP No. 11722 of 2024 In the above circumstances, this petition is allowed; impugned order of the Debt Recovery Appellate Tribunal, Chennai, is set aside; as a consequence, appeal of the petitioner stands revived to the Board subject to petitioner depositing a sum of Rs.1,41,00,000/- (Rupees One Crore & Forty One Lakh) only, within ten days in the Registry of the said Tribunal. Appeal to be heard & disposed off; all contentions of the parties are kept open. Costs made easy. Sd/- (KRISHNA S DIXIT) JUDGE Sd/- (G BASAVARAJA) JUDGE cbc List No.: 1 Sl No.: 19