IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-02-2026 CORAM THE HON'BLE MR JUSTICE R. SURESH KUMAR &

THE HON'BLE MR.JUSTICE SHAMIM AHMED WP No. 4704 of 2026 &

WMP NOs. 5243 & 5241 OF 2026

1. Mr.J.Hari Hara Sudhan, No.123A,Elango Nagar, Avarampalayam,Ganapathy, Coimbatore-641 006. 2. Mrs.J.Shantamani, No.123 A,Elango Nagar, Avarampalayam,Ganapathy, Coimbatore-641 006

3. Mr.Jayabalan, No.123A,Elango Nagar, Avarampalayam,Ganapathy, Coimbatore-641 006 ..Petitioner(s)

Vs

1. The Debts Recovery Appellate Tribunal, Represented by its Registrar, Shastri Bhavan,New Building, 7th Floor,Haddows Road, Chennai-600 006

2. The Authorised Officer, Bank of India, Asset Recovery Branch, Ground Floor,Star House, 324,Oppanakara Street, Coimbatore-641 001.

..Respondent(s)

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the Records pertaining to I.A.No.121/2026 in I.A.No.1695/2025 in AIR 1034 of 2025 on the file of the First Respondent and to quash the order dated 29-01-2026 passed by Honble Chairperson of the 1st Respondent dismissing I.A.No.121/2026 in I.A.No.1619/2025 in AIR 1034 of 2025 and to allow I.A.No.121/2026 in I.A.No.1619/2025 in AIR 1034 of 2025.

For Petitioner(s): Mr.P.V.Ramachandran For Respondent(s): Mr.F.B.Benjamin George, Standing Counsel for R2 R1-Court ORDER (Order of the Court was made by R.Suresh Kumar J.)

The prayer sought for in the Writ Petition is to issue Writ of Certiorarified Mandamus by calling for the records pertaining to I.A.No.121/2026 in I.A.No.1695 of 2025 in AIR 1034 of 2025 on the file of the first respondent and to quash the order dated 29.01.2026 passed by the Chairperson of the 1^st respondent dismissing I.A.No.121 of 2026 in I.A.No.1619 of 2025 in AIR 1034 of 2025 and to allow I.A.No.121 of 2026 in I.A.No.1619 of 2025 in AIR 1034 of 2025.

2. The petitioners are borrowers as well as guarantors in respect of loans availed from the 2^nd respondent Bank. The loan became a non performing asset (NPA), therefore, SARFAESI proceedings were initiated against the petitioners. The property has been brought under sale, following section 13(2) as well as section 13(4) proceedings. The sale has been effected, but physical possession of the property has been still with the petitioners is the claim of the petitioners.

3. Only at that juncture, the petitioners had approached the Debts Recovery Tribunal at Coimbatore, where, a conditional order has been passed by the Debts Recovery Tribunal, Coimbatore to pay a sum of Rs.70 lakhs. Aggrieved over the said conditional order passed by the Debts Recovery Tribunal for grant of stay of further proceedings pursuant to the sale effected in this regard, the petitioners preferred appeal before the Debts Recovery Appellate Tribunal (in short ‘DRAT’) at Chennai, where, an interlocutory application in I.A.No.1619 of 2025 was filed seeking a waiver of the pre-

deposit.

4. The DRAT, by order dated 15.12.2025, directed the petitioners to pay a sum of Rs.40 lakhs being the 40% of the claim amount of the secured creditor which is being Rs.1crore, as a pre-deposit by way of two instalments.

5. The first instalment shall be paid on or before 05.01.2026 and the second instalment shall be paid on or before 27.01.2026. Accordingly, the first instalment was paid by the petitioners, however, to pay the second instalment, the money could not be mobilised by the petitioners immediately. Therefore, since the last date of 27.01.2026 for paying the second instalment was fast approaching , few days prior to the deadline i.e., on 23.01.2026, an application has been filed in I.A.No.121 of 2026 seeking extension of time to pay the 2nd instalment.

6. The said application has been dismissed by the impugned order passed by the DRAT, Chennai by order dated 29.01.2026.

7. Heard Mr. P.V.Ramachandram, learned counsel appearing for the petitioners and Mr.F.B.Benjamin George, learned Standing Counsel appearing for the 2nd respondent/Bank