- 1 - HC-KAR NC: 2026:KHC:30672-DB WP No. 16648 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 16648 OF 2026 (GM-DRT) BETWEEN: 1. M/S. MALTOSE AGRI PRODUCTS PRIVATE LIMITED HAVING ITS OFFICE AT HUSKUR VILLAGE, ARALUMALLIGE POST, DODDABALLAPURA TALUK BENGALURU RURAL - 561 203. REPRESENTED BY T ANAND, MANAGING DIRECTOR. 2. SRI.T. ANAND, S/O. SHRI. THIMMEGOWDA, HUSKUR VILLAGE, ARALUMALLIGE POST, DODDABALLAPUR TALUQ, BANGALORE RURAL DISTRICT. …PETITIONERS (BY SRI. S. RAJASHEKAR, ADVOCATE FOR SRI. NAGARAJ SHETTY., ADVOCATE) AND: 1. SMT. N. KALPANA, W/O SHRI. T. ANAND, HUSKUR VILLAGE, ARALUMALLIGE POST, DODDABALLAPUR TALUQ, BANGALORE RURAL DISTRICT. Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:30672-DB WP No. 16648 of 2026 2. BANK OF INDIA, REPRESENTED BY ITS CHIEF MANAGER AND PA HOLDER, SRI. BALAGOPALAN K., BANGALORE MAIN BRANCH, NO.11, K.G. ROAD, BANGALORE - 560 009. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED:20.05.2026 PASSED BY THE HON'BLE DEBTS RECOVERY APPELLATE TRIBUNAL, CHENNAI ON IA NO.1211/2025 (WAIVER) IN AIR NO.1472/2025 VIDE ANNEXURE-A AND CONSEQUENTLY ALLOW THE APPLICATION DATED:24.07.2025 FILED BY THE PETITIONER UNDER SECTION 21 OF THE RECOVERY OF DEBTS AND BANKRUPTCY ACT, 1993, SEEKING WAIVER OF THE PRE-CONDITION OF DEPOSIT AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) The present writ appeal has been filed impugning the judgment and order dated 20.05.2026 passed by the Debt Recovery Appellate Tribunal at Chennai in IA.No.1211/2025 (Waiver) in AIR.No.1472/2025 arising out of (T.A.No.764/2017 on the file of DRT-II, Bangalore). - 3 - HC-KAR NC: 2026:KHC:30672-DB WP No. 16648 of 2026 2. The petitioner has filed the said appeal against the order dated 27.03.2025 passed by the Presiding Officer, Debts Recovery Tribunal-II, Bangalore in TA.No.764/2017. 3. The Bank of India, the creditor of OA.No.836/2016 (renumbered as TA.No.764/2017) for recovery of Rs.3,71,38,000/- from the petitioner. The said I.A. came to be allowed by the order dated 27.03.2025 by the Debts Recovery Tribunal-II, Bangalore. The said appellant has filed the appeal along with application I.A.No.1211/2025 seeking waiver of the statutory pre- deposit. The learned Appellate Tribunal has reduced the statutory pre-deposit from 50% to 25% exercising its discretion under Section 21 of the RDB Act for recovery of Debts to the financial institution. 4. Under the provisions to the said Section 21, the appellate Tribunal has discretion to reduce the statutory pre-deposit from 50% to 25% for the reasons stated. - 4 - HC-KAR NC: 2026:KHC:30672-DB WP No. 16648 of 2026 5. However, there is no discretion vested in the appellate Tribunal to waive of 25% of pre-deposit to maintain the appeal. The Tribunal cannot reduce the requirement of pre-deposit of less than 25% and therefore, we find no reason to interfere with this appeal. This writ petition is hereby dismissed. The petitioner should make the pre-deposit as ordered the appellate Tribunal to maintain this appeal. We therefore, dismiss this writ appeal. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE PK List No.: 1 Sl No.: 8 ct-vn