- 1 - HC-KAR NC: 2025:KHC:46472 WP No. 34159 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 34159 OF 2025 (GM-DRT) BETWEEN: SRI T L VENKATESH S/O LAKSHMI NARAYANA SETTY, AGED ABOUT 64 YEARS, R/AT NO.22/A, 3RD CROSS, I MAIN, MANJUNATH NAGAR, BENGALURU NORTH, KARNATAKA -560010. …PETITIONER (BY SRI. RAVISHANKAR T. P., ADVOCATE) AND: 1. UNION BANK OF INDIA TUMAKURU BRANCH, KASTURI MAISON, BEHIND KRISHNA TALKIES, M. G. ROAD, TUMAKURU, KARNATAKA-572101 REP. BY CHIEF MANAGER OR AUTHORIZED OFFICER, REGIONAL OFFICER, SRI VASANT KUMAR K, S/O S KARUPAIAH, AGED ABOUT 40 YEARS. 2. M/S. CHANDRADHARA RICE MILL, NO.17 C, 1ST PHASE, KIADB, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46472 WP No. 34159 of 2025 ANTHARASANAHALLI, TUMAKURU – 572106 REP. BY ITS PROPRIETOR SMT. ANITA 3. SMT. ANITA, W/O V. B. RAMESH, AGED 62 YEARS, R/AT CHINMAYA, 2ND MAIN ROAD, ASHOK NAGAR, TUMAKURU-572102 (LESSOR OF SCHEDULE PROPERTY). 4. SRI V. B. RAMESH, S/O BHAGAVANATHA GUPTA V B, AGED 62 YEARS, 5. SRI CHIRAN R., S/O RAMESH V B, AGED ABOUT 31 YEARS, RESPONDENT NO.4 AND 5 ARE RESIDENT OF AKASH NAMANA, 10TH CROSS, SIT, VISHVESHWARAIAH LAYOUT, TUMAKURU KARNATAKA-572102. …RESPONDENTS (BY SMT. DIVYA PURANDAR, ADVOCATE FOR C/R) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER PASSED BY THE DEBT RECOVERY TRIBUNAL BENGALURU IN DAIRY S. A. NO.2221/2025 DATED 10/10/2025, PRODUCED AT ANNEXURE A AND CONSEQUENTLY ENLARGE THE TIME OF VACATING THE PREMISES BY 30 DAYS AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:46472 WP No. 34159 of 2025 ORAL ORDER The present writ petition is filed seeking the following prayer: i. Issue a writ of certiorari quashing the order passed by the Debt Recovery Tribunal, Bengaluru in Dairy SA.No.2221/2025 dated 10.10.2025, produced at Annexure-A and consequently enlarge the time of vacating the premises by 30 days. ii. Issue such other writ or writs or pass any such order or orders as this Hon’ble Court may deem fit under the facts and circumstances of the case, in the interest of justice and equity. 2. Learned counsel for the petitioner submits that DRT has granted time till 31.10.2025 to vacate the premises. Petitioner is seeking breathing time of 15 days to vacate the premises. 3. Learned counsel for the respondent-Bank submits that this is the third round of litigation. Petitioner is pursuing this litigation at the behest of the principal borrower. It is submitted that earlier a writ petition is filed before this court stating that he is having a lease in his favour and the said writ petition was pending before the Court for one year and the petitioner had enjoyed the interim order. That writ petition was disposed of giving - 4 - HC-KAR NC: 2025:KHC:46472 WP No. 34159 of 2025 liberty to approach the Debt Recovery Tribunal. Though the petitioner has no legal right, on humanitarian grounds the DRT had granted time till 31.10.2025 to vacate the premises. Learned counsel further submits that when the Aution Notification is issued and the bidders want to inspect the property, they were not allowed to enter the premises. 4. Having heard the learned counsel on either side, perused the entire material on record. When the Bank has initiated the SARFAESI proceedings, the petitioner herein has already approached this court and had the protection from this court for a year. Now again DRT had shown indulgence and also granted the time till 31.10.2025. It is submitted that the machinery in the premises is hypotheticated to the Bank and now submission is made that they want to move the machinery from the premises, for that they need a reasonable time is contrary to the agreement. It is submitted that the outstanding amount is Rs.9.00 crores and odd. In the facts and circumstances of the case no indulgence from this court is required. The - 5 - HC-KAR NC: 2025:KHC:46472 WP No. 34159 of 2025 petitioner had already enjoyed the orders from this court as well as the Debt Recovery Tribunal. Hence, this court do not find any reasons to interfere. 5. Accordingly, this court is passing the following: ORDER i. The writ petition is dismissed. ii. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS CT:bms List No.: 3 Sl No.: 21