- 1 - HC-KAR NC: 2026:KHC:29178 WP No. 9591 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO.9591 OF 2022 (GM-RES) BETWEEN: M/S CRESCENT EARTH MOVERS AND CONSTRUCTIONS AND SRI.MOHAMMAD SHEEZ S/O SRI.K.A.ABDUL RAHIMAN AGED 34 YEARS RESIDING AT NO.421 E BLOCK, 4TH FLOOR, NEELADRI MAHAL NANDIDURG ROAD JAYAMAHAL EXTENSION BENSON TOWN BANGALORE-560046 …PETITIONER (BY SRI. SANDHYA U PRABHU, ADVOCATE) AND: 1. THE AUTHORIZED OFFICER BANK OF BARODA BANASHANKARI BRANCH NO.266, 293 SREENIVASANAGAR BANASHANKARI 1ST STAGE 2ND PHASE, 80 FEET ROAD BANGALORE-560050 …RESPONDENT (BY SRI.VIGNESH SHETTY, ADVOCATE) Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29178 WP No. 9591 of 2022 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT TO CONSIDER THE REPRESENTATION DATED 07.05.2022 GIVEN BY THE PETITIONER FOR ONE TIME SETTLEMENT PRODUCED AT ANNEXURE-E ON THE FOLLOWING FACTS AND GROUNDS AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER This petition is filed in the light of the proceedings initiated by the respondent under the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (for short 'SARFAESI Act, 2002'). 2. The records reveal that the respondent - Bank has initiated proceedings in O.A.No.994/2021 before the Debt Recovery Tribunal, Bengaluru. The present petition is filed seeking relief in nature of mandamus directing the - 3 - HC-KAR NC: 2026:KHC:29178 WP No. 9591 of 2022 respondent to consider the representation of the petitioner for One Time Settlement (OTS). 3. It is settled principle of law that One Time Settlement cannot be claimed as a matter of right unless the rules governing the same have been breached in an arbitrary manner by the respondent. In the absence of any such material, no case for grant of relief sought is made out. 4. Learned counsel for the respondent, however, submits that if fresh representation is made by the petitioner, the same shall be considered in accordance with law. 5. Submission is placed on record. 6. In view of the above, this Court proceeds to pass the following; ORDER (i) The petition stands disposed off. - 4 - HC-KAR NC: 2026:KHC:29178 WP No. 9591 of 2022 (ii) The petitioner is at liberty to submit a fresh representation seeking One Time Settlement (OTS) within 30 days from the date of receipt of a copy of this order. (iii) If such representation is submitted and if the same is permissible under the applicable rules, regulations and terms of the loan agreement, the respondent shall consider the same in accordance with law and pass appropriate orders within 60 days from the date of receipt of representation. Sd/- (M.G.S. KAMAL) JUDGE NBM List No.: 1 Sl No.: 7