- 1 - HC-KAR NC: 2025:KHC:43128 WP No. 32206 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 32206 OF 2025 (GM-DRT) BETWEEN: 1. SRI FAZIL HUSSAIN S/O. LATE ABDULLA JANI, AGED ABOUT 64 YEARS, NO.292, 6TH CROSS, BANNIMANTAP 'C' LAYOUT, MYSORE 570015 (PETITIONER IS NOT CLAIMING SENIOR CITIZEN BENEFIT) …PETITIONER (BY SRI. N DINESH RAO, ADVOCATE) AND: 1. BANK OF BARODA REPRESENTED BY ITS CHIEF MANAGER AND AUTHORIZED OFFICER, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43128 WP No. 32206 of 2025 REGIONAL OFFICE, NO.441 AND 504, NEW KALIDASA ROAD, VIJAYANAGAR I STAGE, MYSORE – 570017 …RESPONDENT (BY SMT. P. CHITHRA NIRMALA, ADVOCATE) --- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT, DIRECTION OR ORDER INCLUDING WRIT OF CERTIORARI QUASHING THE ORDER DATED 03.09.2025 PASSED BY THE DEBTS RECOVERY TRIBUNAL-II BANGALORE IN SO FAR AS IT RELATES TO THE CONDITION THAT PETITIONER SHALL DEPOSIT RS.9,00,000/- ON OR BEFORE 30/10/2025 AND COPY OF WHICH IS PRODUCED AS ANNEXURE-D. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:43128 WP No. 32206 of 2025 ORAL ORDER The present writ petition is filed seeking the following prayer: i. Issue a writ, direction or order including writ of certiorari quashing the Order dated 03.09.2025 passed by Debts Recovery Tribunal-II, Bangalore in so far as it relates to the condition that petitioner shall deposit Rs.9,00,000/- on or before 30.10.2025 and copy of which is produced as Annexure-D. ii. Grant such other and further reliefs as this Hon’ble Court deems fit under the circumstances of the case in the interest of justice and equity. 2. It is the case of the petitioner that he stood as a guarantor to the loan availed by one M/s. J K M Sand from the respondent - Bank. The petitioner has mortgaged the residential house towards the loan availed by the principal borrower. As the said Bank loan account has become a non- performing asset, the respondent – Bank has initiated SARFAESI proceedings and an order under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “SARFAESI Act”) was passed on 19.12.2024 by the Magistrate. - 4 - HC-KAR NC: 2025:KHC:43128 WP No. 32206 of 2025 Aggrieved by the said order, the petitioner has filed S.A.No.2286/2025 on the file of the Debts Recovery Tribunal-II at Bengaluru (for short “Tribunal”). On 03.09.2025, the Tribunal has passed an order granting stay of the proceedings under the SARFAESI Act, subject to the condition that the petitioner shall pay a sum of Rs.18,00,000/- in two installments i.e., Rs.9,00,000/- on or before 30.09.2025 and another Rs.9,00,000/- on or before 30.10.2025, failing which the interim order would stand vacated automatically. Now, the present writ petition is filed seeking a direction that there shall be a modification of the order passed by the Tribunal. 3. It is submitted that it is a dwelling house and if the respondent takes possession of the property, it would cause lot of hardship to the petitioner. Learned counsel for the petitioner submits that some time may be granted to pay the money and also there may be a direction to the respondent - Bank not to take any coercive steps. 4. Learned counsel appearing for the respondent - Bank submits that a conditional order was passed by the Tribunal. If the petitioner is not able to comply with any of the - 5 - HC-KAR NC: 2025:KHC:43128 WP No. 32206 of 2025 conditions, he should have gone before the Tribunal and filed an appropriate application. But, without doing it, the petitioner has come before this Court. It is also submitted that the writ petition is not maintainable and on these grounds, as per the judgment of the Hon’ble Apex Court, this Court cannot exercise jurisdiction under Article 226 of the Constitution of India and the writ petition needs to be dismissed. 5. Having heard the learned counsels on either side, perused the material on record. The petitioner has already approached the Tribunal questioning the order passed under Section 14 of the SARFAESI Act by the Magistrate. Considering the said application, the Tribunal had passed a conditional order. As rightly pointed out by the learned counsel for the respondent, if the petitioner fails to comply with any of the conditions in the order, he should have approached the Tribunal. The application that he has filed before this Court, the very same application could have been filed before the Tribunal. The scope of enquiry before this Court or the scope of entertaining the writ petition in a proceeding initiated under - 6 - HC-KAR NC: 2025:KHC:43128 WP No. 32206 of 2025 the SARFAESI Act is very limited and this Court cannot entertain a writ petition of this nature. 6. Accordingly, the writ petition is dismissed, giving liberty to the petitioner to avail the appropriate remedy in accordance with law. i. All IA’s in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE Bss List No.: 2 Sl No.: 10