Karnataka High Court
WP/16648/2026 of M/S MALTOSE AGRI PRODUCTS PRIVATE LIMITED Vs SMT. N. KALPANA on 22 June 2026
NC: 2026:KHC:30672-DB WP No. 16648 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 16648 OF 2026 (GM-DRT) BETWEEN: 1. M/S. MALTOSE AGRI PRODUCTS PRIVATE
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JUNE, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT PETITION NO. 16648 OF 2026 (GM-DRT)
BETWEEN:
1.
M/S. MALTOSE AGRI PRODUCTS
PRIVATE LIMITED HAVING ITS
OFFICE AT HUSKUR VILLAGE,
ARALUMALLIGE POST,
DODDABALLAPURA TALUK
BENGALURU RURAL - 561 203.
REPRESENTED BY T ANAND,
MANAGING DIRECTOR.
2.
SRI.T. ANAND,
S/O. SHRI. THIMMEGOWDA,
HUSKUR VILLAGE, ARALUMALLIGE POST,
DODDABALLAPUR TALUQ,
BANGALORE RURAL DISTRICT.
…PETITIONERS
(BY SRI. S. RAJASHEKAR, ADVOCATE FOR
SRI. NAGARAJ SHETTY., ADVOCATE)
AND:
1.
SMT. N. KALPANA,
W/O SHRI. T. ANAND,
HUSKUR VILLAGE,
ARALUMALLIGE POST,
DODDABALLAPUR TALUQ,
BANGALORE RURAL DISTRICT.
Digitally
signed by
REKHA R
Location:
High Court
of Karnataka
HC-KAR
2.
BANK OF INDIA,
REPRESENTED BY ITS
CHIEF MANAGER AND PA HOLDER,
SRI. BALAGOPALAN K.,
BANGALORE MAIN BRANCH, NO.11, K.G. ROAD, BANGALORE - 560 009.
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER
DATED:20.05.2026
PASSED
BY
THE
HON'BLE
DEBTS
RECOVERY
APPELLATE
TRIBUNAL,
CHENNAI
ON
IA
NO.1211/2025
(WAIVER)
IN
AIR
NO.1472/2025
VIDE
ANNEXURE-A AND CONSEQUENTLY ALLOW THE APPLICATION
DATED:24.07.2025
FILED
BY
THE
PETITIONER
UNDER
SECTION 21 OF THE RECOVERY OF DEBTS AND BANKRUPTCY
ACT, 1993, SEEKING WAIVER OF THE PRE-CONDITION OF
DEPOSIT AND ETC.,
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, 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)
The present writ appeal has been filed impugning the judgment and order dated 20.05.2026 passed by the Debt Recovery Appellate Tribunal at Chennai in IA.No.1211/2025 (Waiver) in AIR.No.1472/2025 arising out of (T.A.No.764/2017 on the file of DRT-II, Bangalore).
HC-KAR
2. The petitioner has filed the said appeal against the order dated 27.03.2025 passed by the Presiding Officer, Debts Recovery Tribunal-II, Bangalore in TA.No.764/2017.
3. The Bank of India, the creditor of OA.No.836/2016 (renumbered as TA.No.764/2017) for recovery of Rs.3,71,38,000/- from the petitioner. The said I.A. came to be allowed by the order dated 27.03.2025 by the Debts Recovery Tribunal-II, Bangalore. The said appellant has filed the appeal along with application I.A.No.1211/2025 seeking waiver of the statutory pre- deposit. The learned Appellate Tribunal has reduced the statutory pre-deposit from 50% to 25% exercising its discretion under Section 21 of the RDB Act for recovery of Debts to the financial institution.
4. Under the provisions to the said Section 21, the appellate Tribunal has discretion to reduce the statutory pre-deposit from 50% to 25% for the reasons stated.
HC-KAR
5. However, there is no discretion vested in the appellate Tribunal to waive of 25% of pre-deposit to maintain the appeal. The Tribunal cannot reduce the requirement of pre-deposit of less than 25% and therefore, we find no reason to interfere with this appeal. This writ petition is hereby dismissed. The petitioner should make the pre-deposit as ordered the appellate Tribunal to maintain this appeal. We therefore, dismiss this writ appeal.
Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE
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