- 1 - HC-KAR NC: 2025:KHC:42525-DB WP No. 24214 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 24214 OF 2025 (GM-DRT) BETWEEN: SMT. SUDHA S, W/O. THIMME GOWDA, AGE ABOUT 43 YEARS OCCUPATION SELF-EMPLOYED, PERMANENT RESIDENT OF NO.814, 4TH MAIN, BEHIND AANJANEYA GANGONDANA HALLI, BENGALURU-560039 AND PRESENTLY RESIDING AT NO.298, 7TH MAIN ROAD, RAILWAY LAYOUT, ULLAL MAIN ROAD, MALLATHAHALLI, BENGALURU-560056. …PETITIONER (BY SRI K MURTHY.,ADVOCATE) AND: 1. THE BANGALORE CITY CO-OPERATIVE BANK LTD., NO.3, 1ST FLOOR, PAMPAMAHAKAVI ROAD, CHAMARAJPET, BENGALURU-560018, HAVING A BRANCH AT NO.7E, 14TH MAIN ROAD, VIJAYANAGAR, BANGALORE-560040, REPRESENTED BY ITS BRANCH MANAGER. 2. THE AUTHORISED OFFICER, (UNDER THE SERFAESI ACT, 2002), THE BANGALORE CITY CO-OPERATIVE BANK LTD, NO.3, 1ST FLOOR, PAMPAMAHAKAVI ROAD, CHAMARAJPET, BENGALURU-560018, REPRESENTED BY ITS ASST. GENERAL Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42525-DB WP No. 24214 of 2025 MANAGER/AUTHORISED OFFICER. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO(i) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT/ORDER/DIRECTION QUASHING THE IMPUGNED ORDER DATED, 07.07.2025, PASSED BY THE DEBT RECOVERY APPELLATE TRIBUNAL CHENNAI ON IA No. 794/2025 (WAIVER) AND IA No. 795/2025 (STAY) FILED IN THE MATTER OF PREFERRING APPEAL OF AIR 907/2025 (ANNEXURE-A), HOLDING THAT THE SAME IS ARBITRARY, ILLEGAL AND UNSUSTAINABLE AND CONSEQUENTLY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) The present Writ Petition is filed impugning the order dated 07.07.2025 passed by the Debt Recovery Appellate Tribunal at Chennai at IA 794/2025 (Waiver) and IA 795/2025 (Stay) in AIR 907/2025, whereby the Appellate Tribunal has directed the petitioner herein to deposit 30% of Rs.3,54,75,365/-, the amount demanded by the - 3 - HC-KAR NC: 2025:KHC:42525-DB WP No. 24214 of 2025 respondent-Bank in the possession Notice dated 19.12.2022. 30% of Rs.3,54,75,365/- would come to Rs.1,06,42,610/-. The said amount has been directed to be deposited in two equal installments within a period of four weeks from the date of the order. The first installment of Rs.53,21,305/- was directed to be deposited on or before 21.07.2025 and the second installment of Rs.53,21,305/- to be deposited on or before 04.08.2025, failing which the appeal would stand rejected. 2. Learned counsel appearing for the petitioner submits that Debt Recovery Appellate Tribunal (for short 'DRAT') has failed to take into consideration that the petitioner has already deposited a sum around Rs.70 lakhs after issuance of Possession Notice dated 19.12.2022 and if the said amount is taken into consideration, 30% would come down to much less and the petitioner is willing to deposit the balance of 30% after deducting amount already deposited after issuance of Possession Notice dated 19.12.2022. - 4 - HC-KAR NC: 2025:KHC:42525-DB WP No. 24214 of 2025 3. It is further submitted that the petitioner has already deposited a sum of Rs.26 lakhs after the order passed by DRAT in IA 794/2025 (Waiver) and IA 795/2025 (Stay) in AIR 907/2025. 4. In view thereof, he further submits that the petitioner may be given liberty to approach DRAT to bring all these facts so that DRAT may modify the order dated 07.07.2025 and if DRAT takes into consideration the amount already deposited by the petitioner after the Possession Notice dated 19.12.2022, he would abide by the order of deposit of 30% by depositing the balance amount. 5. Considering the aforesaid facts, we dispose of this Writ Petition giving liberty to the petitioner to bring all these facts before the DRAT, Chennai for modifying the order dated 07.07.2025. 6. The petitioner should file an appropriate application within a period of 15 days from today, and we - 5 - HC-KAR NC: 2025:KHC:42525-DB WP No. 24214 of 2025 are of the view that the Tribunal will consider these facts for modifying the order dated 07.07.2025 after giving due notice to the respondents. 7. Accordingly, the Writ Petition stands disposed of. Sd/- (D K SINGH) JUDGE Sd/- (RAJESH RAI K) JUDGE GVP List No.: 1 Sl No.: 13