- 1 - HC-KAR NC: 2026:KHC:22533 WP No. 12521 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 12521 OF 2026 (GM-DRT) BETWEEN: SRI. ARUN KUMAR M., S/O LATE MALLIKARJUNEGOWDA M.B., AGED ABOUT 34 YEARS R/A NO. 86, 3RD MAIN, 4TH CROSS, DOLLARS LAYOUT, JP NAGAR, 4TH PHASE, BENGALURU- 560 078 …PETITIONER (BY SRI. SWAROOP S., ADVOCATE) AND: BANK OF BARODA SOUTH END ROAD BRANCH NO.L16/1, GROUND FLOOR BASAVANAGUDI SOUTH END ROAD BENGALURU-560 004 REP. BY ITS AUTHORIZED OFFICER/MANAGER …RESPONDENT (BY SRI.VIGNESH SHETTY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED: 07.04.2026 IN CASE NO SA//DIARY NO 3311/2025 PASSED BY THE DRT-II AT BANGALORE TO THE EXTENT OF DIRECTING THE REDELIVERY OF THE SCHEDULE PROPERTY AFTER THE PETITIONER PAYS THE ENTIRE LIABILITY (ANNEXURE-A). Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22533 WP No. 12521 of 2026 THIS PETITION, COMING ON FOR ‘ORDERS’, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer: "The Petitioner pray that this Hon'ble Court may be pleased to allow this Writ Petition by: a) Setting aside the impugned order dated 07.04.2026 in case no SA// Diary no 3311/2025 passed by the DRT- II AT Bangalore to the extent of directing the redelivery of the Schedule Property after the Petitioner pays the entire liability: (Annexure-A) b) Consequently, direct the respondent to re-deliver the possession of the Schedule Property forthwith in favor of the petitioner with a direction to comply with the payment schedule under the order dated 07.04.2026 in case no SA// Diary no 3311/2025 passed by the DRT-II AT Bangalore (Annexure-A) c) Pass any such other order or direction that this Hon'ble Court deems fit, in the interest of justice and equity." 2. Learned counsel appearing for the petitioner submits that the Debts Recovery Tribunal (hereinafter referred to as DRT) had granted three months' time to pay the amount. But the redelivery of the possession was directed to be given after the payment is made, only for that limited relief of delivery of possession he is before this Court. It is stated that the petitioner has filed an undertaking affidavit before this Court - 3 - HC-KAR NC: 2026:KHC:22533 WP No. 12521 of 2026 stating that in case, if there is any default in payment of the amount as ordered by the DRT, the petitioner will voluntarily surrender the possession of the property in favour of the respondent/Bank without causing any difficulty. It is also stated that the petitioner will not come in the way of the respondent/Bank to seek possession of the schedule property through coercive measures, in the event the petitioner fails to comply with the order dated 07.04.2026 passed by the DRT. It is submitted by the learned counsel that in the interest of justice and equity, the order may be passed directing the respondent/Bank to redeliver the property. 3. Learned counsel appearing for the respondent/Bank opposes the same and submits that with great difficulty they could take possession of the property and if in case, the petitioner fails to pay the money and they have to take the possession of the property, again the Bank has to take all the measures and the petitioner is not entitled for any relief. 4. Having heard the learned counsels on either side, perused the entire material on record. Considering the affidavit that is placed before this Court, balancing the interest of both - 4 - HC-KAR NC: 2026:KHC:22533 WP No. 12521 of 2026 the parties, this Court deems it appropriate to pass the following order: ORDER i. The petitioner shall pay the amount as per the order dated 07.04.2026 passed in SA//Diary No.3311/2025 by the DRT-II, Bangalore. ii. The respondent/Bank shall forthwith deliver the possession of the property to the petitioner. iii. The petitioner shall voluntarily deliver possession of the property, if he fails to comply with the order dated 07.04.2026 and the respondent/Bank is also at liberty to take coercive steps. iv. If the petitioner fails to honour the order dated 07.04.2026, based on which the present order for redelivery of the property is passed, he shall pay cost of Rs.10,00,000/- to the respondent/Bank. v. Accordingly, the writ petition is disposed of. vi. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 22