- 1 - HC-KAR NC: 2026:KHC:18273-DB WP No. 5677 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 5677 OF 2026 (GM-DRT) BETWEEN: 1. MR TAJUDDIN SHARIFF AGED ABOUT 50 YEARS S/O HUSSAIN SHARIFF R/O 1ST TO 5TH CROSS JAIPUR MAIN ROAD HOUSING BOARD TUMKUR 572101 …PETITIONER (BY SRI. BALASUBRAHMANYA K M., ADVOCATE) AND: 1. THE TUMKUR DISTRICT CO OPERATIVE AND CENTRAL BANK LTD ADMIN OFFICE TOWN POLICE STATION ROAD, TUMKUR 572101 REPRESENTED BY ITS AUTHORISED OFFICER 2. M/S RATHNA BUILDERS AND DEVELOPER, REPRESENTED BY ITS PARTNER MRS. NAGARATHNA B M, AGED ABOUT 58 YEARS W/O MR. RAJAGOPAL K, R/O K. R. MANSION, 4TH CROSS, M.G. ROAD, TUMKUR - 572101 3. MR. LAKSHMIKANTH R. S/O MR. RAJAGOPAL K. Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18273-DB WP No. 5677 of 2026 AGED ABOUT 38 YEARS, R/O K. R. MANSION, 4TH CROSS, M.G. ROAD, TUMKUR - 572101 4. MR. SATHYANARAYANA R. S/O MR. RAJAGOPAL AGED ABOUT 39 YEARS R/O K.R. MANSION, 4TH CROSS, M. G ROAD, TUMKUR-572101 5. MR. RAJAGOPAL K. AGED ABOUT 65 YEARS S/O MR. KRISHNAMURTHY K. N R/O K. R. MANSION, 4TH CROSS, M.G. ROAD, TUMKUR 572101 …RESPONDENTS (BY SRI. A. ABHINAV RAMANAND., ADVOCATE FOR R1; NOTICE NOT ORDERED IN R/OR2-R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE ORDER PASSED ON 16/12/2025 IN IA 1380/2025 IN AIR (SA) 1564/2025 ON THE FILE OF DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI (ANNEXURE-H), 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 - 3 - HC-KAR NC: 2026:KHC:18273-DB WP No. 5677 of 2026 ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) 1. The present writ petition has been filed impugning the order dated 16.12.25 passed in IA No.1380/2025 in AIR (SA) 1564/2025 by the Debt Recovery Tribunal at Chennai. 2. Petitioner is the tenant of the mortgaged property. The owner of the said property is respondent No.2 - the borrower. The Bank has taken possession of the said property and has locked the premises. 3. The learned counsel for the petitioner on the last date of hearing i.e., on 17.03.2026 submitted that he would vacate the premises within a period of three months and on or before completion of 3 months he would hand over the vacant and peaceful possession of the premises in question, to the respondent No.1-Bank. 4. Considering the said submission on 17.03.2026, we passed the following order: - 4 - HC-KAR NC: 2026:KHC:18273-DB WP No. 5677 of 2026 "Learned counsel for respondent No.1 undertakes that he will vacate the premises within a period of three months and hand over the keys to the Bank. Let an affidavit to this effect be filed by the respondent No.1. Post this petition on 23.03.2026." 5. In compliance of the said order, an affidavit has been filed by the petitioner which reads as under :- " AFFIDAVIT I, Tajuddin Shariff S/o Hussain Shariff aged about 50 years, R/o 1st to 5th Cross, Jaipur Main Road, Housing Board, Tumakuru 572101 today at Bangalore, do hereby solemnly affirm and state on oath as follows: 1. I am the petitioner and I know the facts of the case. 2. I am the tenant in the petition schedule premises since 04-11-2013 by virtue of lease agreement dated 31-10-2013 executed by the Respondent No2 for a period of 18 years. 3. I have paid Rs.8,00,000/- [Rupees Eight Lakhs only] to the Respondent No 2 as advance and had spent about Rs.32,00,000/- [Rupees Thirty Two Lakhs only] for renovation of the schedule premises to make it suitable to run the footwear business. - 5 - HC-KAR NC: 2026:KHC:18273-DB WP No. 5677 of 2026 4. I have been doing the footwear business since 04-11-2013 in the schedule premises. However, the Respondent No 1 locked the schedule premises recently by invoking the provisions of SARFAESI Act due to the non-payment of loan availed by the Respondent No 2 from the Respondent No 1. I have been put to irreparable loss as goods worth Rs.49,00,000/- [Rupees Forty Nine Lakhs only] belonging to me are lying inside the schedule premises. 5. I agree and undertake to vacate the schedule premises and handover the vacant possession to the Respondent No 1 in case this Hon'ble Court grants 3 months' time to continue to run my business in the schedule premises. I further undertake to vacate and handover the schedule premises voluntarily to the Respondent No 1 on expiry of 3 months as per the order of this Hon'ble Court." 6. Considering the contents of the affidavit and undertaking given by the petitioner stating that he will hand over vacant and peaceful possession to the respondent No.1/The Tumkur District Co-operative and Central Bank Ltd., on or before 05.07.2026. We make it clear that violation of the undertaking would amount to contempt of - 6 - HC-KAR NC: 2026:KHC:18273-DB WP No. 5677 of 2026 the Court and the petitioner shall be liable to be prosecuted for contempt. In such an eventuality, we will direct the taking over possession of the premises in question, by police force by evicting the petitioner forthwith. 7. The Bank is directed to remove the lock and permit the petitioner to occupy the premises for a period of three months i.e. up to 05.07.2026. 8. With the above observation, the writ petition is disposed of. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE NG CT: SN List No.: 1 Sl No.: 32