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2026 DAILYLAW 44193 (KAR)

M/S. RAVIRAJ GAS AGENCY v. UNION BANK OF INDIA

WP/29952/2026 · 2026-10-08

C M Poonacha

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010655392026 NC: 2026:KHC:56309 WP No. 29952 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 29952 OF 2026 (GM-DRT) BETWEEN: 1. M/S. RAVIRAJ GAS AGENCY REPRESENTED BY ITS PROPRIETOR MR. PARAMASHIVA N. OFFICE AT SY. NO. 293/5, AMMATHI SIDDAPURA MAIN ROAD, MAGGULA VILLAGE, VIRAJPET TALUK- 571 218. …PETITIONER (BY SRI. VENKATA REDDY T.M.,ADVOCATE) AND: 1. UNION BANK OF INDIA REPRESENTED BY ITS CHIEF MANAGER, ASSET RECOVERY BRANCH, VIR-ANNEX, KUSUGAL ROAD, KESHWAPUR, HUBBALLI 580 023. 2. THE AUTHORISED OFFICER, UNION BANK OF INDIA. ASSET RECOVERY BRANCH, HAVING OFFICE AT 2ND FLOOR, CO ANNEX BUILDING, PANDESHWARA, MANGALORE-575001 …RESPONDENTS (BY SRI. SATYANARAYANA.,ADVOCATE FOR C/R2) - 2 - HC-KAR CNR: KAHC010655392026 NC: 2026:KHC:56309 WP No. 29952 of 2026 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER SETTING ASIDE AND TO MODIFY THE ORDER DATED 28/07/2026 MADE BY DEBTS RECOVERY TRIBUNAL- 2 BENGALURU IN SA NO.336/2026, IN SO FAR AS IT RELATES TO THE PETITIONER REMITTING AN AMOUNT OF RS.52,00,000/- WITH THE RESPONDENTS BANK IN TWO INSTALMENTS OF RS.26,00,000/- EACH, FIRST OF WHICH IS TO BE PAID ON OR BEFORE 25/08/2026 AND THE SECOND ON OR BEFORE 25/09/2026 AT ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER 1. The present petition is filed seeking for the following reliefs: "a. Issue a writ in the nature of certiorari or any other appropriate writ or order setting aside and to modify the order dated: 28/07/2026 made by Debts Recovery Tribunal-2 Bengaluru in SA No.336/2026, in so far as it relates to the petitioner remitting an amount of Rs.52,00,000/- with the Respondents Bank in two instalments of Rs.26,00,000/- each, first of which is to be paid on or before 25/08/2026 and the second on or before 25/09/2026 at Annexure-A. b. Issue a writ in the nature of mandamus directing the Respondents not to take any coercive steps in view of the order dated: 28/07/2026 in SA No.336/2026 on the file of Debts Recovery Tribunal-2, Bengaluru for amount to be paid. c. Grant such relief as this Hon'ble Court deems fit in the interest of justice and equity." Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 3 - HC-KAR CNR: KAHC010655392026 NC: 2026:KHC:56309 WP No. 29952 of 2026 2. A request for adjournment is made on behalf of learned counsel for the petitioner. However, it is noticed that on 30.09.2026, there was no appearance of the petitioner in morning session as well as in the afternoon session. 3. It is forthcoming that in the present writ petition that the petitioner seeks to impugn the order dated 28.07.2026 passed in Case No. S.A. 336/2026 by the Debts Recovery Tribunal, Bengaluru1 (Annexure - A to the writ petition) insofar as the Tribunal has imposed a condition to the petitioner to pay a sum of `52 lakhs in two installments i.e., on or before 25.08.2026 and 25.09.2026. 3. It is pertinent to note that the present writ petition has been filed on 17.09.2026. Both the dates mentioned in the impugned order have already elapsed. 1 hereinafter referred to as 'DRT' Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010655392026 NC: 2026:KHC:56309 WP No. 29952 of 2026 4. Learned counsel for respondent-Bank submits that the conditions imposed in the impugned order have not been complied with. 5. In any event, if the petitioner was desirous of seeking for any relaxation of conditions imposed, it is expedient that the petitioner approach the DRT for the same. 6. Accordingly, writ petition is dismissed. (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 12 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA