WP/29959/2026 of M/S. PINNACLE COORG HOTELS AND RESORTS PVT. LTD. Vs UNION BANK OF INDIA, on 24 September 2026

ORAL ORDER

The present writ petition is filed seeking for the following reliefs: "a. Issue a writ in the nature of certiorari or any other appropriate writ or order setting aside and to modify the order dated 28/07/2026 made by Debts Recovery Tribunal-2 Bengaluru in SA No.337/2026, in so far as relates to the petitioner remitting an amount of Rs.1,50,00,000/-with the respondents bank in two instalments of Rs.75,00,000/- each, first of which is to be paid on or before 30/08/2026 and the second on or before 30/09/2026 at Annexure-A.

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b. Issue a writ in the nature of mandamus directing the respondents not to take any coercive steps in view of the order dated 28/07/2026 in SA No.337/2026 on the file of Debts Recovery Tribunal-2, Bengaluru for amount to be paid at Annexure-A.

c. Grant such relief as this Hon'ble Court deems fit in the interest of justice and equity."

2. It is forthcoming that the petitioner seeks to assail the condition imposed in the interim order dated 28.07.20261 passed in SA.No.337/2026 by the Debts Recovery Tribunal-2 Bengaluru2 (Annexure-A to the writ petition). The Tribunal vide impugned order had granted stay of the possession notice subject to the petitioner remitting a sum of `1,50,00,000/- in two installments i.e., `75,00,000/- on or before 30.08.2026 and the balance `75,00,000/- on or before 30.09.2026. The petitioner seeks relaxation of the said conditions vide the present writ petition.

3. It is the vehement contention of learned counsel for the petitioner that on an earlier occasion he had approached this Court and this Court had granted relief subject to deposit of certain amounts and permitted the petitioner to avail the remedies under the provisions of the Securitisation and 1 Hereinafter referred as to 'impugned order' 2 Hereinafter referred as to 'Tribunal'

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Reconstruction of Financial Assets and Enforcement of Security Interest Act, 20023 by approaching the Tribunal. Accordingly, the petitioner has filed SA.No.337/26 and approached the Tribunal, pursuant to which the impugned order is passed.

4. It is forthcoming from the impugned order that the amount outstanding is a sum of `8.86 crores. It is the contention of the petitioner that he had earlier made a payment of nearly `2 crores pursuant to the orders passed by this Court. However, the said contention is the aspect that the petitioner would urge before the Tribunal.

5. Learned counsel for the petitioner further seeks for some time to pay the said amounts as well as liberty to approach the Tribunal to seek for relaxation of the payments.

6. In this context, it is pertinent to note that no liberty is required to be given by this Court to once again approach the Tribunal for relaxation of the conditions specified in the impugned order. It is also pertinent to note here that the impugned order was passed on 28.07.2026. Admittedly, the first installment of `75,00,000/- that was required to be paid on 30.08.2026 has not been paid. The present writ petition is filed 3 Hereinafter referred as to 'Act'

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on 17.09.2026 seeking for relaxation of the conditions stipulated in the impugned order.

7. It is ex-facie clear from the aforementioned that the initiation of the present proceedings itself is an abuse of the process of this Court and such proceedings are not to be entertained in exercise of the extraordinary discretionary jurisdiction of this Court contained in Article 226 of the Constitution of India.

8. Accordingly, the writ petition stands dismissed.

(C.M. POONACHA) JUDGE

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