Karnataka High Court
WP/15563/2019 of NANDI INFRASTRUCTURE CARRIDOR ENTERPRISE LIMITED Vs UCO BANK on 20 July 2026
CNR: KAHC010311952017 NC: 2026:KHC:37305-DB WP No. 22768 of 2017 C/W WP No. 15563 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 22768 OF 2017 (GM-DRT)
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JULY, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT PETITION NO. 22768 OF 2017 (GM-DRT)
C/W
WRIT PETITION NO. 15563 OF 2019 (GM-DRT)
IN WP No. 22768/2017
BETWEEN:
1.
NANDI INFRASTRUCTURE
CORRIDOR ENTERPRISE LIMITED
NO.L1, MIDFORD HOUSE
MIDFORD GARDENS
OF MAHATMA GANDHI ROAD
BANGALORE-506 001
REPRESENTED BY ITS
AUTHORISED SIGNATORY
MR A RUDRAGOUD
2.
NANDI ECONOMIC CORRIDOR
ENTERPRISES LIMITED
NO.1 MIDFORD HOUSE
MIDFORD GARDENS
OFF MAHATMA GANDHI ROAD
BANGALORE-560 001
REPRESENTED BY ITS AUTHORISED SIGNATORY
MR A RUDRAGOUD
…PETITIONERS
(BY SRI. NITIN PRASAD, ADVOCATE ALONG WITH
SRI. V VINAY GIRI., ADVOCATE)
Digitally
signed by
VASANTHA
KUMARY B K
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
AND:
1.
UCO BANK
NO.149/2, HOSUR ROAD
KORAMANGALA
BANGALORE-560 095
REPRESENTED BY ITS MANGER
2.
A M SHARATH CHADNRA
AGED ABOUT 47 YEARS
S/O SRI M C MUNIVENKATE GOWDA
ALUNGOOR GROVE, 23RD MAIN
5TH PHASE, J P NAGAR
BANGALROE-560 078
3.
T PHANI MAHESH
AGED ABOUT 47 YEARS
S/O SRI T ASHWATH NARAYANA REDDY
NO.1136, BABUNILAYAM
17TH CROSS, 7TH SECTOR
5TH MAIN ROAD, HSR LAYOUT
BANGALORE-560 034
4.
M/S DUO ASSOCIATES
NO.28, ULSOOR ROAD
BANGALORE-560 001
REP.BY ITS PARTNERS
MR SHARATH CHANDRA
AND MR T PHANI MAHESH
5.
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT
BOARD
No.14/3,RASHTROTTHANA PARISHAT BUILDING, 2ND FLOOR, NRUPATHUNGA ROAD, BENGALURU-560001
REPRESENTED BY ITS CHIEF EXECUTIVE
OFFICER AND EXECUTIVE MEMBER.
6.
SPECIAL LAND ACQUISITION OFFICER-I (BMICP)
HC-KAR
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD
No.14/3, RASHTROTTHANA PARISHAT BUILDING, 2ND FLOOR, NRUPATHUNGA ROAD, BENGALURU-560001
…RESPONDENTS
(BY SRI. K R PARASHURAM., ADVOCATE FOR R1; VIDE ORDER DATED:03.07.2018, SERVICE OF NOTICE
TO R2 IS HELD SUFFICIENT;
VIDE ORDER DATED:09.01.2020 SERVICE OF NOTICE TO
R3 IS HELD SUFFICIENT;
R3 AND R4 ARE SERVED AND UNREPRESENTED;
SRI. P.V.CHANDRA SHEKAR, ADVOCATE FOR R5 AND R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET
ASIDE THE IMPUGNED ORDER DATED:13.3.2017 PASSED BY
THE DEBTS RECOVERY APPELLATE TRIBUNAL, CHENNAI ON
I.A.NO.636/2015 IN AIR NO.285/2014 (ANNEXURE-K), ETC.
IN WP NO. 15563/2019
BETWEEN:
1.
NANDI INFRASTRUCTURE CORRIDOR
ENTERPRISE LIMITED
NO 1, MIDFORD HOUSE,
MIDFORD GARDENS,
OFF MAHATMA GANDHI RAOD,
BANGALORE - 560001
REPRESENTED BY ITS AUTHORISED SIGNATORY
MR A RUDRAGOUD
2.
NANDI ECONOMIC CORRIDOR
ENTERPRISES LIMITED
NO 1, MIDFORD HOUSE,
MIDFORD GARDENS,
OFF MAHATMA GANDHI RAOD,
BANGALORE - 560001
REPRESENTED BY ITS AUTHORISED SIGNATORY
HC-KAR
MR A RUDRAGOUD
...PETITIONERS
(BY SRI. NITIN PRASAD, ADVOCATE FOR
SRI. V VINAY GIRI., ADVOCATE)
AND:
1.
UCO BANK
NO 149/2, HOSUR ROAD,
KORAMANGALA
BANGALORE - 560095
REPRESENTED BY ITS GENERAL MANGER
2.
MR A M SHARATH CHANDRA
AGED ABOUT 49 YEARS
SON OF SRI M V MUNVIENKATEGOWDA
ALUNGOOR GROVE, 23RD MAIN,
5TH PHASE, J P NAGAR
BANGALORE - 560078
3.
MR T PHANI MAHESH
AGED ABOUT 49 YEARS
SON OF SRI T ASHWATH NARAYANA REDDY
NO 1136 BABU NILYAM
17TH CROSS, 7TH SECTOR
5TH MAIN ROAD, HSR LAYOUT,
BANGALORE - 560034
4.
M/S DUO ASSOCIATES
NO 28, ULSOOR ROAD,
BANGALORE - 560001
REP BY ITS PARTNERS
MR SHARATH CHANDRA AND
MR T PHANI MAHESH
...RESPONDENTS
(BY SRI. K R PARASHURAM., ADVOCATE FOR R1; R2 SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
HC-KAR
SET ASIDE THE ORDER DATED 13.03.2019 PASSED BY THE
DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI, IN AIR
NO.285/2014 (ANNEXUER-G) AND CONSEQUENTLY, PASS
ORDERS RESTORING AIR NO.285/2014 TO THE FILE OF
THE DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE T.M.NADAF
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ORAL ORDER
(PER: HON'BLE MR. JUSTICE D K SINGH)
IN W.P.No.22768/2017:
The present petition has been filed impugning the order dated 03.05.2017 passed by the Debts Recovery Appellate Tribunal (DRAT) at Chennai on I.A.No.636/2015 in AIR No.285/2014, arising out of order dated 31.10.2013 passed by the Debts Recovery Tribunal, Bangalore in OA No.49/2013.
2. The UCO Bank had filed the Original Application for recovery of a sum of Rs.1,34,41,819/- with interest @ 17% p.a. from the date of application till the date of realization, which was secured by the borrower by mortgaging the land in Sy.No.5/7 measuring 36 guntas and Sy.No.5/8 measuring 33
HC-KAR
guntas situated at Pillaganahalli Village, Uttarahalli Hobli, Bangalore South Taluk.
3. The Debts Recovery Tribunal, Bangalore, vide order dated 31.10.2013 had decreed the O.A.No.49/2013 for a sum of Rs.1.34 Crores. The petitioners claim that the secured lands have been acquired by the government for the benefit of the petitioners and the petitioners have to construct Bangalore Mysore Infrastructure Corridor and they have substantial interest in the lands in question. However, despite having substantial interest in the lands in question, they do not want to make the statutory pre-deposit as directed by the learned DRAT, Chennai vide impugned order dated 03.05.2017.
4. The learned counsel for the petitioners submit that the petitioners are neither borrowers nor guarantors and therefore, though they have substantial interest in the lands in question inasmuch as the lands have been acquired for the petitioners' benefit, they cannot be directed to make statutory pre-deposit of Rs.34.00 lakhs as directed by the DRAT, Chennai, for maintaining the appeal.
HC-KAR
5. We find no substance in this argument. The petitioners are claiming right over the secured assets against, which the loan was advanced by the UCO Bank to the owners of the lands and if the petitioners want to maintain the appeal against the decree passed by the DRAT, Chennai, the petitioners are required to make the pre-deposit of a sum of Rs.34.00 lakhs, under Section 21 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993.
6. We therefore, dismiss W.P.No.22768/2017.
IN W.P.No.15563/2019:
The AIR No.285/2014 filed by the petitioners has been dismissed by the DRAT, Chennai. The petitioners had obtained an interim order dated 30.05.2017 from this Court, whereby the order dated 03.05.2017 passed in AIR No.285/2014 was stayed.
2. We therefore, dispose of the said petition with liberty to the petitioners to make the pre-deposit of Rs.34.00 lakhs as directed by the Debts Recovery Appellate Tribunal, Chennai, vide impugned order dated 03.05.2017 within a period of 15
HC-KAR
days from today before the Debts Recovery Appellate Tribunal, Chennai, and if the said amount is deposited, the AIR No.285/2014 shall be restored to its original number and the DRAT should proceed to appeal the matter on merits in accordance with law.
3. However, if the petitioners fail to make the statutory deposit of Rs.34.00 lakhs i.e., to maintain the appeal, the order passed by the DRAT dismissing the appeal shall attain finality.
Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE
NG CT:SN List No.: 1 Sl No.: 27