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2026 DAILYLAW 45526 (KAR)

IPAC PAPER BOARDS (INDIA) PRIVATE LIMITED v. KOTAK MAHINDRA BANK LIMITED

WP/483/2025 · 2026-01-22

D K Singh, S Rachaiah

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:3811-DB WP No. 483 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT PETITION NO.483 OF 2025 (GM-DRT) BETWEEN: 1. IPAC PAPER BOARDS (INDIA) PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT 5TH KM, BATHLANGUNDU ROAD, PITHAIAIPATTY POST, DINDIGUL-624 001 AND BRANCH OFFICE AT 559, RMV 2ND STAGE, NEW BEL ROAD, BENGALURU - 560 094, REPRESENTED HEREIN BY ITS DIRECTOR-VIKRAM BALARAMAN. 2. VIKRAM BALARAMAN S/O. DR. K. BALARAMAN, AGED ABOUT 40 YEARS, RESIDING AT NO.559, RMV 2ND STAGE, NEW BEL ROAD, BENGALURU-560 094. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3811-DB WP No. 483 of 2025 3. DR. K. BALARAMAN S/O. LATE V.L. KRISHNASWAMY, AGED ABOUT 72 YEARS, RESIDING AT NO.559, RMV 2ND STAGE, NEW BEL ROAD, BENGALURU-560 094. 4. DHAMODHARAN S/O. M.P. VEERAPPA NAICKER, AGED ABOUT 61 YEARS RESIDING AT SRI LAKSHMI INDUSTRIES COMPOUND BATHLANGUDU ROAD, PITHALAIPATTY POST, DINDIGUL-624 001. …PETITIONERS (BY SRI. SANJAY H. SETHIYA, ADVOCATE) AND: 1. KOTAK MAHINDRA BANK LIMITED A BODY CORPORATE CONSTITUTED UNDER THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT, 1980 HAVING ITS REGISTERED OFFICE AT 27BKC, C 27, G BLOCK, BANDRA KURLA COMPLEX, BANDRA (E), MUMBAI - 400 051 AND BRANCH OFFICE AT NO.3, DAS INDIA TOWERS, 2ND FLOOR, 2ND LINE BEACH, PARRY'S CORNER, - 3 - HC-KAR NC: 2026:KHC:3811-DB WP No. 483 of 2025 CHENNAI-600 001. …RESPONDENT (BY SRI. NIKHILESH RAO M., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 23.12.2024 PASSED BY THE HON'BLE DRAT IN AIR NO.243/2023 AS UNDER ANNEXURE-A AND DIRECT THE HON'BLE DRAT TO PROCEED WITH THE MATTER WITHOUT SEEKING FOR DEPOSIT, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) 1. The present petition has been filed by the petitioners impugning the order dated 23.12.2024 passed by the Debt Recovery Appellate Tribunal, Chennai, in IA 306/2024 (Waiver) in AIR 243/2023. Vide the impugned order, the - 4 - HC-KAR NC: 2026:KHC:3811-DB WP No. 483 of 2025 Tribunal has directed the petitioners to deposit 25% of the amount of the recovery certificate for the purpose of maintaining the appeal. We do not find any reason to interfere with the said order. The order is passed in accordance with the relevant provisions of Section 21 of the Recovery of Debts and Bankruptcy Act, 1993. 2. The Debt Recovery Appellate Tribunal does not have the jurisdiction to reduce the statutory deposit below 25% in view of the express provisions of Section 21 of the Recovery of Debts and Bankruptcy Act, 1993. 3. Therefore, we dispose of this writ petition with liberty to the petitioners to deposit 25% of the amount of the recovery certificate i.e., Rs.3,12,92,589/- within a period of eight weeks from the date of receipt of a certified copy of this order. 4. In the event, if the petitioners deposit 25% of the amount of the recovery certificate as directed above, the - 5 - HC-KAR NC: 2026:KHC:3811-DB WP No. 483 of 2025 Debt Recovery Appellate Tribunal should proceed with the appeal on merits in accordance with law. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE VMB List No.: 2 Sl No.: 1