- 1 - HC-KAR NC: 2025:KHC:34852-DB WP No. 12506 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA WRIT PETITION NO. 12506 OF 2024 (GM-DRT) BETWEEN: MR.P. CHANDRA MOHAN S/O SHRI. HARAGOPAL AGED ABOUT 44 YEARS R/AT NO.42/17, 4TH CROSS, PUKHRAJ LAYOUT, BANNERGHATTA ROAD, BANGALOORE-560 030. (PETITIONER-LEGAL HEIR OF ORIGINAL BORROWER) …PETITIONER (BY SRI. V MOHAN, ADVOCATE) AND: THE MALLESHWARAM CO-OPERATIVE BANK LTD., NO.102, 7TH CROSS, MALLESWARAM BANGALORE-560 003. REPRESENTED BY ITS GENERAL MANAGER, (BANKING COMPANY/LENDER) …RESPONDENT (BY SRI. K.V. LOKESH, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 18/08/2023 PASSED BY DRAT, CHENNAI IN RA(SA) 40/2022 AS PER ANNEXURE-A IN RESPECT OF THE SCHEDULE PROPERTY. Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34852-DB WP No. 12506 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE UMESH M ADIGA ORAL ORDER (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) Heard learned counsel for the petitioner. 2. This petition has been filed seeking the following reliefs: "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may be pleased to (a) Quash the order dated 18.08.2023 passed by DRAT, Chennai in RA(SA):40/2022 as per Annexure:A in respect of the Schedule Property; (b) Issue such other writ/s or directions as this Hon'ble Court may deem fit under the facts and circumstances of the case, in the interest of justice and equity." 3. A perusal of the order passed by the DRAT on 18.08.2023 reflects that it has considered the material on record to come to a conclusion that there was due notice of the possession notice under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security - 3 - HC-KAR NC: 2025:KHC:34852-DB WP No. 12506 of 2024 Interest Act, 20021. The appellant had mainly contended before the DRT that the calculation made by the Bank is wrong. The Debt Recovery Tribunal had directed the Bank to file a calculation memo of interest. The same was filed by the respondent-Bank on 30.03.2021, after serving a copy on counsel for the appellant. But the appellant did not agree to the calculation and therefore the matter was decided on merits. No rebuttal evidence was filed by the appellant/petitioner in this regard either before the DRT or before the DRAT. Accordingly, it was held that the petitioner had full knowledge of the proceedings initiated against him under the provisions of the SARFAESI Act and there was no merit in the appeal. 4. At this stage, learned counsel for the petitioner states that he is willing to pay the amount as was directed by the Court of the Joint Registrar of Co-operative Societies Tribunal in its Judgment of 16.01.2007, a translated version of which appears at page No.61 of the writ petition. 5. However, the instant petition seeks to assail an order passed by the DRAT in exercise of appellate jurisdiction 1 SARFAESI Act - 4 - HC-KAR NC: 2025:KHC:34852-DB WP No. 12506 of 2024 under the provisions of the SARFAESI Act, and therefore, this request is baseless and only to be rejected. 6. We have found no perversity or non-application of mind in the order impugned. The order impugned is justified. This petition is therefore dismissed. All pending IAs stand disposed of. Sd/- (JAYANT BANERJI) JUDGE Sd/- (UMESH M ADIGA) JUDGE AG List No.: 1 Sl No.: 19