- 1 - HC-KAR NC: 2026:KHC:12946 WP No. 6660 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 6660 OF 2026 (GM-DRT) BETWEEN: 1. M/S SHREEJITH AGENCIES (A FIRM REGISTERED UNDER THE PARTNERSHIP ACT) REPRESENTED BY PETITIONER 2 AND 3 HAVING OFFICE AT NO. 17/B, PART SHED NO.3, INDUSTRIAL AREA, MANDLI, KALLUR, SHIVAMOGA-577 202 2. SRI. KARTHIK S/O MANOHAR, AGED ABOUT 43 YEARS, 3. SMT. PRIYADARSHINI W/O KARTHIK, AGED ABOUT 33 YEARS, BOTH ARE RESIDING AT SHRIJITH NILAYA, C LOCK, 5TH CROSS, OPPOSITE TO GANAPATHI TEMPLE, GOPALA GOWDA EXTENSION, VTC, SHIMOGA, PO GOPALA EXTENSION, SHIVAMOGGA DISTRICT-577 205. …PETITIONERS (BY SRI. LAKSHMIKANTH K., ADVOCATE) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12946 WP No. 6660 of 2026 AND: 1. M/S THE FEDERAL BANK LTD., LCRD/BENGALURU DIVISION, NO.3, CHURCH STREET, 2ND FLOOR, MSR WEST PARK, M.G.ROAD, BENGALURU-560 001 REPRESENTED BY ITS AUTHORISED OFFICER MR.SHRIKRISHNA SHARMA.K. 2. M/S. SHREE KOLLUR MOOKAMBIKA WAREHOUSE BY ITS PROPRIETOR, SMT. BHAGYAMMA W/O. NAGARAJ CHALAGERI, KODAMAGGI VILLAGE, MASUR POST, SHIKARIPUR ROAD, HIREKERUR, RATTIHALLI-TALUK, HAVERI-DISTRICT-581 210 …RESPONDENTS (BY SRI.B.S.JEEVAN KUMAR, ADVOCATE FOR C/R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION TO SET-ASIDE THE IMPUGNED ORDER DATED 10.02.2026 PASSED BY THE HON'BLE DEBTS RECOVERY TRIBUNAL-II, BENGALURU S.A.NO.468/2025 AT ANNEXURE-Q CONSEQUENTLY, MODIFY THE IMPUGNED CONDITIONS IMPOSED IN THE ORDER DATED 16.12.2025 PASSED BY THE DEBTS RECOVERY TRIBUNAL-IN II, BENGALURU IN S.A.NO.468/2025 AT ANNEXURE-K. 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: 2026:KHC:12946 WP No. 6660 of 2026 ORAL ORDER The present writ petition is filed seeking following reliefs: "WHEREFORE, the Petitioner most respectfully prays that this Hon'ble Court be pleased to: (a) Issue a Writ of Certiorari or any other appropriate writ, order, or direction to set-aside the impugned order dated 10.02.2026 passed by the Hon'ble Debts Recovery Tribunal-II, Bengaluru in S.A.No.468/2025 at ANNEXURE-Q. Consequently, modify the impugned conditions imposed in the order dated 16.12.2025 passed by the debts Recovery Tribunal-II, Bengaluru in S.A.No.468/2025 at ANNEXURE-K. (b) Grant such other and further reliefs as this Hon'ble Court deems fit and proper in the facts and circumstances of the case, including the costs of this petition, in the interest of justice and equity." 2. The facts of the case are that the petitioner No.1 has purchased the arecanut from five lots and after purchasing the said goods, same has been stored in the second respondent's warehouse and by pledging the same, he has availed the loan facility from the respondent/Bank i.e., an amount of Rs.12,00,00,000/- and when the Bank has initiated proceedings under SARFAESI Act, after receiving the notice under Section 13(2) of SARFAESI Act, petitioner has issued a reply to the same. Aggrieved by the inaction of the respondents, petitioner has approached this Court by filing W.P - 4 - HC-KAR NC: 2026:KHC:12946 WP No. 6660 of 2026 No.15044/2025. The same was disposed of by giving liberty to approach the appropriate forum for the redressal of their grievance. The petitioner as per the order of this Court, approached the District Consumer Forum and filed a complaint on both the respondents herein under Section 35 of the Consumer Protection Act,2019. It is the grievance of the petitioner that the respondent/Bank without giving the breathing time to the petitioner had filed an application under Section 14 of the SARFAESI Act before the Principal Senior Civil Judge and CJM, Shivamogga and the Court has passed an order under Section 14 of the SARFAESI Act dated 21.11.2025. Then the respondent/Bank issue vacant notice dated 10.12.2025. Thereafter, the petitioner has approached the Debts Recovery Tribunal by filing S.A.No.468/2025. Then an order was passed on 16.12.2025 by staying the proceedings on the condition that an amount of Rs.30,00,000/- to be paid on or before 30.12.2025 and a further amount of Rs.1,20,00,000/- in three installments i.e. Rs.40,00,000/- each first of which is to be paid on or before 30.01.2026. Subsequent installments on 29.02.2026 and 30.03.2026 and accordingly passed an order and also it is observed that failure of compliance if any of the - 5 - HC-KAR NC: 2026:KHC:12946 WP No. 6660 of 2026 conditions, will render vacation of interim order automatically. Petitioner has difficulty in arranging the amount, since the goods of the petitioner pledged by respondent No.1/Bank is under the custody of respondent No.2 warehouse. On 30.12.2025, sum of Rs.30,00,000/- was deposited. As he is not in a position to pay the amount, the petitioner filed W.P.No.1388/2026 seeking the relief of modification of terms and conditions. The writ petition is disposed of directing the Tribunal to consider his request. Then the petitioner has filed an application on 10.02.2026 seeking for the relief of extension of time. Considering the said request made by the petitioner, the Tribunal had passed an order observing that applicant is seeking extension of time for the payment of second limb of the condition imposed by the Tribunal which mandates to pay an amount of Rs.40,00,000/- on or before 30.01.2026. When the matter is taken up and learned Counsel for applicant has filed an affidavit stating that the third and fourth limb of the conditions will be complied on due dates without seeking any further extension and based on the undertaking, applicant seeks extension of time for payment of second limb of the condition till 27.02.2026. Considering the affidavit filed by the - 6 - HC-KAR NC: 2026:KHC:12946 WP No. 6660 of 2026 applicant, the tribunal has granted extension of time till 27.02.2026 and it is made clear that the payment is to be remitted along with the third limb of the condition and also observed that this extension is given only based on the undertaking given by the applicant that he will not seek further extension for the payments. Against this order, the petitioner is before this court. 3. Learned counsel appearing for the petitioner submits that the in view of the collusion and the fraud played by the warehouse as well as the Bank, he is not in a position to deposit the amounts. In that regard, he has already given a complaint to the Consumer Forum and the same is pending for consideration. In these circumstances, the petitioner requires some accommodation which was not considered by the DRT which made the petitioner to come before this Court. It is submitted that he has filed an undertaking at the instance of the Tribunal. Hence he is seeking interference of this court under Article 226 of the Constitution of India. 4. Learned Counsel appearing for respondent/Bank submits that the petitioner is approaching one forum after - 7 - HC-KAR NC: 2026:KHC:12946 WP No. 6660 of 2026 another and stalling the proceedings. It is submitted that, in fact, there is collusion between the petitioner and the warehouse, that a fraud has been played on the bank and there is nothing in the warehouse. It is submitted that the petitioner having availed an interim order, failed to comply with it, except the first installment, he has not paid anything, an affidavit is filed stating that he will not seek any time for the third and fourth installments and seeking only modification of extension of second installment. Tribunal has considered and passed the order and now he is before this Court. He submits that petitioner is not entitled for any relief from this point. 5. Having heard the learned counsels on either side, perused the material on record. The Tribunal considering the request of the petitioner had granted stay and imposed certain conditions where he was directed to pay amount in four installments and he has complied the first installment. When it comes to the second installment, he has sought time and when it is not considered, he has come before the Court and that writ petition is disposed of directing the Bank to consider. Then an order is passed observing that an affidavit is filed, he will not seek extension of time and he will be paying on time the third - 8 - HC-KAR NC: 2026:KHC:12946 WP No. 6660 of 2026 and fourth installments. Hence, only insofar as the second installment is concerned, time was granted till February. Now again petitioner has come before this Court. This is nothing but an abuse of process of law. The writ petitions of this nature cannot be entertained by the Court. Already all the Courts have given a long rope to the petitioner and no further indulgence is required. Admittedly, the petitioner has not given any criminal complaint against the respondents. Under these circumstances, this Court is not inclined to pass any orders in the writ petition and petition doesn't require any indulgence from this Court. Considering all these aspects, this Court is passing the following: ORDER i. According, the writ petition is dismissed. ii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 17