IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI WRIT PETITION NO.102266 OF 2026 (GM-DRT)

BETWEEN:

1. DR. RAKESH SHAVI S/O. LATE BASANNA SHAVI, AGE. 53 YEARS, ADD-CMC-W. NO.18 CTS NO.16 B.NO.12, KAPPAGI ROAD, AKULA CHALAMAIAH STREET, BELLARI-583115.

2. SMT. S. THIPPAMMA W/O. LATE BASANNA SHAVI, AGED ABOUT 75 YEARS, R/O. KURUGODU ROAD, KUDITHIN POST, BELLARI-583115.

Digitally signed by VIJAYALAKSHMI 3. MRS. SOWMYA SHAVI M KANKUPPI W/O. DR. RAKESH SHAVI, Location: HIGH COURT OF AGED ABOUT 45 YEARS, KARNATAKA R/O. A.C. STREET, NEAR DURGAMMA TEMPLE, BELLARI-583101.

…PETITIONERS (BY SRI. G.B. SHASTRY, ADVOCATE;

SMT. SURABHI KULKARNI, ADVOCATE)

AND:

UNION BANK OF INDIA, THROUGH ITS CHIEF MANAGER, BRANCH AT K.C. ROAD, BELLARI-583101.

…RESPONDENT (BY SRI. GIRISH HULMANI, ADVOCATE FOR SOLE RESPONDENT)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO (A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER TO QUASH THE IMPUGNED ORDER DATED 28-01-2026 PASSED BY THE DEBT RECOVERY TRIBUNAL-1, BENGALURU IN S.A. NO.58/2026 ONLY TO THE EXTENT DIRECTING THE PETITIONER PAY AN AMOUNT OF RS.3,40,27,764/- COPY WHICH IS PRODUCED AT ANNEXURE A; (B) CONSEQUENTIALLY DIRECTING THE DEBT RECOVERY TRIBUNAL-1, BENGALURU TO CONSIDER THE APPLICATION DATED 26-02-2026 FILED BY THE PETITIONER FOR MODIFICATION AND REDUCTION OF THE CONDITIONAL DEPOSIT IN ACCORDANCE WITH LAW COPY OF WHICH IS PRODUCED AT ANNEXURE-E; (C) GRANT ANY SUCH OTHER ORDER/S AS THIS HON’BLE COURT DEEMS IT FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE.

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)

1. The petitioner has filed this petition challenging the order dated 28.01.2026 passed by the Debts Recovery Tribunal-1, Bengaluru in S.A.No.58/2026, only to the extent directing the petitioner to deposit an amount of ₹3,40,27,764/- and declining to consider the application dated 26.02.2026 filed by the petitioner seeking modification and reduction of the conditional deposit.

2. Brief facts, leading rise to the filing of this writ petition are as follows:

3. The petitioner availed a loan from the respondent-bank and committed default in repayment. The respondent initiated recovery proceedings and an order was passed under Section 14 of the SARFAESI Act, followed by the issuance of a possession notice. The petitioner challenged the order passed under Section 14 of the SARFAESI Act by filing S.A. No.58 of 2026 on the file of the Debts Recovery Tribunal-1, Bengaluru. In the said proceedings, the petitioner filed I.A. No.269 of 2026 seeking stay of the execution and operation of the order dated 29.12.2025 passed by the learned Principal Senior Civil Judge and CJM, Ballari in Criminal Miscellaneous No.267 of 2025 regarding the schedule property for recovery of ₹13,61,11,052.38 together with interest, costs and other charges. The Tribunal passed an order dated 28.01.2026 vide Annexure-A, directing the petitioner to deposit 25% of the claim amount within two months in two equal instalments.

4. The first instalment of ₹1,70,13,882/- was to be paid on or before 28.02.2026 and the second instalment of ₹1,70,13,882/- on or before 28.03.2026. It was further made clear that if the petitioner failed to comply with payment of any one of the instalments, the interim order would stand automatically vacated. The petitioner thereafter filed an application seeking modification of the order dated 28.01.2026 passed in I.A.No.269 of 2026. However, the Debts Recovery Tribunal declined to consider the application dated 26.02.2026.

Hence, this petition.

5. Heard the arguments of the learned counsel for the petitioner and the learned counsel for the respondent.

6. Learned counsel for the petitioner submits that the time limit fixed by the Debts Recovery Tribuna