- 1 - HC-KAR NC: 2025:KHC:37334-DB WP No. 9932 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA WRIT PETITION NO. 9932 OF 2025 (GM-DRT) BETWEEN: SMT.ROOPA.K, AGED ABOUT 46 YEARS, W/O AMARENDRA.M, RESIDING AT NO.4374, VIJAYAPURA, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562 135. …PETITIONER (BY SRI.SHIVANANDA.R., ADVOCATE) AND: 1. AADHAR HOUSING FINANCE LIMITED, (FORMER KNOWN AS VYSYA BANK HOUSING FINANCE LTD.,) NO.293, 1ST MAIN ROAD, SECTOR, 2ND FLOOR, ABOVE KANTI SWEETS, CHIKKABOMMASANDRA CROSS, YELAHANKA NEW TOWN, BENGALURU-560 064. REPRESENTED BY IT'S AUTHORIZED OFFICER, 2. SRI.M.C.SIVAKUMAR, MAJOR, S/O LATE CHIKKAPPANNA, R/AT MALLUR VILLAGE, SIDDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT-562 102. …RESPONDENTS Digitally signed by K G RENUKAMBA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37334-DB WP No. 9932 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING (I) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR QUASHING THE IMPUGNED ORDER PASSED BY THE LEARNED DEBTS RECOVERY APPELLATE TRIBUNAL AT CHENNAI IN AIR (SA) 225/2022 ON IA 458/2022 DATED 27.12.2024 VIDE ANNEXURE-C AND RESTORE THE APPEAL ON ITS FILE, II) ISSUE ANY OTHER WRIT OR PASS ANY OTHER ORDER WHICH THIS HON’BLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. 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 for the following reliefs: i. "Issue a writ in the nature of certiorari or quashing the impugned order passed by the Learned Debts Recovery Appellate Tribunal at Chennai in AIR (SA) 225/2022 on IA 458/2022 dated 27.12.2024 vide Annexure-C and restore the appeal on its file. - 3 - HC-KAR NC: 2025:KHC:37334-DB WP No. 9932 of 2025 ii. Issue any other writ or pass any other order which this Hon’ble court deems fit under the facts and circumstances of the case in the interest of justice and equity." 3. The order impugned reads as follows: "ORDER This matter is coming up today for reporting compliance of statutory deposit. This Tribunal vide its order dated 18.11.2024 directed the petitioner/appellant to deposit 50% of Rs.2,05,76,365/- in two equal installments, of which, first installment within two weeks and the second installment within three weeks thereafter, towards pre- deposit and the said period had expired on 23.12.2024 and the matter was posted to 24.12.2024 for reporting compliance. From 24.12.2024 the matter was reposted to 26.12.2024 and from 26.12.2024 to this date. When the matter is taken up today, it is reported by the Office as well as by Ld. Counsel for petitioner/appellant that pre-deposit, as ordered by this Tribunal on 18.11.2024 is not complied with. No representation on behalf of respondent bank. Under the circumstances, this application IA 458/2022 (Waiver) is dismissed for non compliance of statutory deposit, resulting in rejection of Appeal AIR (SA) 225/2022, by giving effect to conditional order dated 18.11.2024." 4. It appears from the record (Annexure-D to the petition) that the order dated 18.11.2024 was challenged by the writ petitioner, which came to be dismissed as withdrawn by means of an order dated 12.02.2025. When the order of 18.11.2024 was not set aside, then it was - 4 - HC-KAR NC: 2025:KHC:37334-DB WP No. 9932 of 2025 incumbent on the petitioner to have deposited the amount of 50%. 5. At this stage the petitioner cannot contend that the amount of pre-deposit be reduced. This petition therefore lacks merit and accordingly, dismissed. Sd/- (JAYANT BANERJI) JUDGE Sd/- (UMESH M ADIGA) JUDGE PK List No.: 1 Sl No.: 18