- 1 - HC-KAR NC: 2026:KHC:92-DB WP No. 38490 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT PETITION NO. 38490 OF 2025 (GM-DRT) BETWEEN: 1. SMT. MUNSHI ASMA NASIR W/O SRI. NASIR GULAMKHAWAJA MUNSHI AGED ABOUT 41 YEARS RESIDING AT C1-1001 GOLDEN PALMS APARTMENT, NARAYANAPURA, BENGALURU - 560 077. …PETITIONER (BY SRI. MAHENDRA G, ADVOCATE) AND: 1. IDBI BANK LIMITED REPRESENTED BY ITS AUTHORISED OFFICER, IDBI HOUSE, NO 58, MISSION ROAD BENGALURU - 560 027. 2. SRI. GULAMKHAWAJA SEERAJUDDIN MUNSHI MAJOR, R/AT C1-1001, GOLDEN PALMS APARTMENT, NARAYANPURA, BENGALURU – 560 077. Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:92-DB WP No. 38490 of 2025 3. SRI. NASIR GULAMKHAWAJA MUNSHI S/O SRI. GULAMKHAWAJA SEERAJUDDIN MUNSHI, MAJOR, R/ATC1-1001, GOLDEN PALMS APARTMENT, NARAYANAPURA , BENGALURU – 560 077. 4. M/S MO-AN ADVERTISING SERVICES REPRESENTED BY ITS PROPRIETOR, SRI NASIR GULAMKHAWAJA MUNSHI, OFFICE AT NO 47, 3RD FLOOR, WHEELERS ROAD, COX TOWN BENGALURU – 560 005. …RESPONDENTS (BY SRI. T P MUTHANNA, ADVOCATE FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS/CERTIORARI AND/OR ANY OTHER WRIT ORDER QUASHING THE IMPUGNED ORDER DATED 08.12.2025 PASSED BY THE DRAT, CHENNAI IN THE PETITIONER’S WAIVER APPLICATION IN APPEAL ARISING OUT OF S.A. NO.230/2025, WHEREBY A PRE-DEPOSIT OF 40% HAS BEEN IMPOSED UPON THE PETITIONER, A NON-BROWWER & A NON-GUARANTOR AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:92-DB WP No. 38490 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) The present writ petition has been filed impugning the order dated 08.12.2025 passed by the Debts Recovery Appellate Tribunal (DRAT) at Chennai in IA No. 1551/2025 in A.IR.No. 1849/2025 filed by the petitioner/appellant.. 2. The petitioner had filed the aforesaid application seeking waiver of the statutory deposit. The DRAT, however, has directed the petitioner/appellant to deposit 40% of the demand of the respondent-bank. 3. The learned counsel for the petitioner submits that the petitioner is the widow of the borrower and she does not have means to deposit 40% of the demand raised by the bank to maintain the appeal. However, he submits that the petitioner shall deposit 25% of the demand raised by the bank to maintain the appeal. 4. Having considered the submissions and also the fact that the petitioner is the widow of the borrower and she is ready to deposit 25% of the demand as the statutory deposit to maintain the appeal, we dispose of this petition, directing the - 4 - HC-KAR NC: 2026:KHC:92-DB WP No. 38490 of 2025 petitioner to deposit 25% of the demand raised by the bank to maintain her appeal. 5. If the petitioner deposits 25% of the demand raised by the bank within a period of three weeks from today, the DRAT shall decide the appeal on merit expeditiously. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE JS List No.: 1 Sl No.: 24