- 1 - HC-KAR NC: 2025:KHC:37271 WP No. 2917 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 2917 OF 2022 (GM-DRT) BETWEEN: SRI. PUTTARAJU M., S/O MUNISHAMAPPA, AGED ABOUT 53 YEARS, NO.1, 2ND 'A' MAIN ROAD, 3RD CROSS, SAMPANGI RAMANAGAR, WILSON GARDEN, BANGALORE-560027 …PETITIONER (BY SRI. K. DIWAKARA, SENIOR ADVOCATE FOR SRI. N. SURESHA, ADVOCATE) AND: 1. TUMKUR GRAIN MERCHANTS CO-OPERATIVE BANK LTD., ADMIN OFFICE, B.H. ROAD, TUMKUR-572103 2. SMT. RENUKA W/O PUTTARAJU M., AGED ABOUT 46 YEARS NO.1, 2ND 'A' MAIN ROAD, 3RD CROSS, SAMPANGI RAMANAGAR, WILSON GARDEN, BANGALORE-560027 Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37271 WP No. 2917 of 2022 3. KALADASARAJ M., S/O MOHAN RAJ NAIDU AGED ABOUT 50 YEARS, RESIDING AT NO.72, CHARLES CAMBIL ROAD, COX TOWN, BANGALORE-560005. …RESPONDENTS (BY SRI. LOKESH K.V., ADVOCATE FOR RESPONDENT NO.1; NOTICE IS SERVED ON RESPONDENT NO.2; VIDE ORDER DATED 01.09.2025, NOTICE TO RESPONDENT NO.3 IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED FINAL ORDER PASSED BY THE HON'BLE DEBTS RECOVERY TRIBUNAL-II AT BENGALURU IN S.A.NO.123/2020 DATED 28.12.2021 VIDE ANNEXURE-E AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:37271 WP No. 2917 of 2022 CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has challenged an order dated 28.12.2021 passed by the Debts Recovery Tribunal-II, Bengaluru, in S.A. No.123/2020. 2. During the pendency of this writ petition, the petitioner had approached the Debt Recovery Appellate Tribunal (for short 'DRAT'), Chennai, against the order dated 28.12.2021 passed by the Debts Recovery Tribunal-II, Bengaluru in S.A No.123/2020. In this petition, the petitioner has filed an affidavit on 23.02.2023 stating as follows: "7. That the Petitioner approached this Hon'ble Court when the chairperson before the DRAT (Chennai) was vacant and now since the Chairperson is appointed the said appeal in Diary No.AIR 322/2022 is preferred along with the Interlocutory Application No.14/2022 for condonation of Delay of 223 days. Therefore, the remedy availed by the Petitioner by filing this instant petition may be considered for condoning the delay under section 14 of the Limitation Act, 1963. 8. That this affidavit of undertaking is without prejudice to the right and remedies available to the - 4 - HC-KAR NC: 2025:KHC:37271 WP No. 2917 of 2022 Petitioner before the Hon'ble DRAT (Chennai) in Diary No. AIR 322/2022. 9. That this Hon'ble Court may be pleased to disposed off this Writ Petition with the above undertaking and further be pleased to direct the Hon'ble DRAT to dispose off the appeal in Diary No.AIR 322/2022 within three months and this Hon'ble Court may be pleased to extend the interim order until the disposal of the appeal in Diary No.AIR 322/2022." 3. Now that the Chairperson of the DRAT, Chennai is appointed and the Appellate Tribunal is functioning, in view of the affidavit filed by the petitioner and in view of the pendency of an appeal before the DRAT, this writ petition cannot continue on the record of this Court. 4. Hence, the Writ Petition is dismissed. 5. In view of dismissal of this petition, the pending I.A. Nos.1/2023 and 3/2023 do not survive for consideration. Sd/- (R. NATARAJ) JUDGE SMA/List No.: 1 Sl No.: 12