M/S TECHNOSPARK INDUSTRIES INDIA PVT LTD., v. THE AUTHORIZED OFFICER
WP/7531/2026 · 2026-03-09
Lalitha Kanneganti
body2026
DailyLaw.ai
[ 2026 DAILYLAW 8046 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8046 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:14052 WP No. 7531 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 7531 OF 2026 (GM-DRT)
BETWEEN:
1.
M/S TECHNOSPARK INDUSTRIES INDIA PVT LTD., 1341/KAVALBYRASANDRA, RT NAGARA POST, (NEAR DR. AMBEDKAR MEDICAL COLLEGE) BENGALURU -560 032
ALSO AT PLOT NO.178-A2 AND 179-A.
KIADB INDUSTRIAL AREA VASANTHANARASAPURA 1ST PHASE, NAGENAHALLI POST, KORA HOBLI, TUMKUR-572 128
2.
MR.MOHAN SURESH (MANAGING DIRECTOR AND GUARANTOR) AGED ABOUT 64 YEARS, S/O LATE DHATRAI MOHAN,
3.
MRS.SUREKHA SURESH (DIRECTOR AND GUARANTOR) AGED ABOUT 57 YEARS, W/O SRI. MOHAN SURESH
BOTH 2 & 3 ARE RESIDING AT FLAT NO.604, BLOCK NO. E-22, SRI RAM WHITE HOUSE,
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:14052 WP No. 7531 of 2026
VI MAIN, 15TH CROSS, RT NAGAR, BENGALURU-560 032
ALSO RESIDING AT PLOT NO. 1501, VAISHNAVI TERRACE, DOLLORS COLONY, J.P. NAGAR, 4TH PHASE, BENGALURU-560 078
4.
MR.M SANJEEV (GUARANTOR) AGED ABOUT 85 YEARS S/O LATE SRI. H. MANJAPPA, NO.359, 17TH A CROSS, 26TH MAIN ROAD, JP NAGARA, 6TH PHASE, BENGALURU - 560 078 …PETITIONERS (BY SRI. M.A.RAJENDRA, ADVOCATE)
AND:
THE AUTHORIZED OFFICER CANARA BANK MID CORPORATE BRANCH, NO.34, 1ST MAIN ROAD, SHESHADRIPURAM, BENGALURU-560 020 …RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE AND QUASH THE ORDER PASSED BY THE HONBLE DRT- II, BENGALURU IN SA NO. 80/2026 ON 12.02.2026 (ANNEXURE-A) TO DEPOSIT A SUM OF RS. 2,00,00,000/- ON OR BEFORE 27.02.2026 AND THE BALANCE AMOUNT OF RS.
5,00,00,000/- ON OR BEFORE 27.03.2026 WHICH IS NOT ONLY ARBITRARY BUT ALSO VIOLATING THE RBI GUIDELINES.
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HC-KAR NC: 2026:KHC:14052 WP No. 7531 of 2026
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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:
PRAYER
WHEREFORE, the Petitioners respectfully pray that this Hon'ble Court may be pleased to:
i. Set aside and quash the Order passed by the Hon'ble DRT - II, Bengaluru in S.A.No.80/2026 on 12.02.2026 (Annexure-A) to deposit a sum of Rs.2,00,00,000/- on or before 27.02.2026 and the balance amount of Rs.5,00,00,000/- on or before 27.03.2026, which is not only arbitrary but also violating the RBI Guidelines.
ii. Pass such other order or orders as this Hon'ble Court may deem fit, just, and proper in the facts and circumstances of the case, including costs of these proceedings, in the interest of justice and equity.
The petitioner has come up before this court questioning the
order passed by DRT in I.A.No.588/2026 in SA.No.80/2026 dated
12.02.2026. It is submitted that the DRT has directed the petitioner to deposit an amount of Rs.2.00 crores on or before 27.02.2026 and the balance amount of Rs.5.00 crores on or before 27.03.2026.
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HC-KAR NC: 2026:KHC:14052 WP No. 7531 of 2026
2. Learned counsel for the petitioner submits that there is no pre-requisite under Section 17 of the SARFAESI Act to deposit the amount. Hence the petitioner has come up before this court and seeking a month's time to deposit the amount.
3. Having heard the learned counsel on either side, perused the entire material on record. Learned counsel for the petitioner submits that some breathing time may be granted till he approaches before the DRAT. When the petitioner is represented by a counsel, he has legal advice and against an order of the DRT, he has to go before DRAT and cannot came before this court seeking breathing time. This court is not inclined to entertain these kind of writ petitions which have become a regular practice before this court. This court is repeatedly passing orders in the light of the orders by the Hon'ble Apex Court, the parties cannot come before the High Court questioning the orders passed by the DRT, unless and until it is an exceptional case warranting interference of this Court. This is an order passed by the DRT imposing the conditions, if the petitioner is aggrieved by the same, his remedy is before the DRAT, but not before this Court.
4. Accordingly this court is passing the following:
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HC-KAR NC: 2026:KHC:14052 WP No. 7531 of 2026
ORDER i. The writ petition is disposed of giving liberty to the petitioner to avail the appropriate remedy. ii. All pending I.As., in the petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
TS List No.: 1 Sl No.: 27