V. U. Shankar Vs Syndicate Bank

S/O LATE V.A. UMAPATHI, AGED ABOUT 71 YEARS, RESIDING AT NO.201, AADITYAA D ENCLAVE, 2ND CROSS, DOORAVANI NAGAR POST, BANGALORE- 560 016 (SENIOR CITIZEN BENEFITS NOT CLAIMED)

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…PETITIONER

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(BY SRI. AJIT P B., ADVOCATE)

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AND:

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Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA

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SYNDICATE BANK

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INDIRANAGAR BRANCH, NO.663, 1ST MAIN, DEFENCE COLONY, INDIRANAGAR, BANGALORE - 560 038. REPRESENTED BY THE AUTHORIZED OFFICER MR. D.S. AWANTI.

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MR. M.V.R JOSEPH, S/O. LATE M.O. VARGHESE, AGED ABOUT 52 YEARS RESIDING AT NO.59, 9TH MAIN, 5TH CROSS, EJIPURA, BANGALORE - 560 047.

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MRS. RANI JOSEPH, W/O M.V.R. JOSEPH, AGED ABOUT 48 YEARS

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NC: 2025:KHC:45319-DB WP No. 9929 of 2023

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HC-KAR

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RESIDING AT NO.59, 9TH MAIN, 5TH CROSS, EJIPURA, BANGALORE-560 047.

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…RESPONDENTS

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(BY SMT. VIDYA PAI, ADVOCATE FOR SMT. NAYANA TARA B.G., ADVOCATE FOR R-1)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION OR ORDER TO QUASH THE ORDER DATED 02.01.2018, PASSED IN AIR (SA) 639/2017 ON THE FILE OF THE DEBTS RECOVERY APPELLATE TRIBUNAL AT CHENNAI (AS PER ANNEXURE-A), ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE D K SINGH)

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The present writ petition has been filed impugning

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the order dated 02.01.2018 passed in Appeal No.AIR(SA) 639/2017 by the Debts Recovery Appellate Tribunal (for short, 'the DRAT'), Chennai which passed an order dismissing the appeal under Section 17 of the SARFAESI Act for not making the requisite statutory deposit/predeposit of Rs.8,00,000/- and the said appeal came to be dismissed.

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3 - NC: 2025:KHC:45319-DB WP No. 9929 of 2023

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HC-KAR

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Learned counsel for the petitioner submits that

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the petitioner would deposit a sum of Rs.10,00,000/- and on making such deposit, the appeal No.AIR (SA) 639/2017 may be restored back on the file of the DRAT, Chennai and the same may be decided on merit.

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Ms. Vidya Pai, learned counsel appearing for the respondent No.1-Bank though has raised some objection to the said submission of the learned counsel for the petitioner but has no serious objection.

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The petitioner has been denied the right of

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audience in not making pre-deposit in the appeal. We allow the petitioner to deposit a sum of Rs.10,00,000/within a period of two weeks from today before the DRAT, Chennai and if he deposits a sum of Rs.10,00,000/- on or before 22.11.2025, the DRAT, Chennai shall restore the appeal No.AIR (SA) 639/2017 to its original number and proceed to decide the appeal on merit in accordance with law, expeditiously.

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NC: 2025:KHC:45319-DB WP No. 9929 of 2023

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HC-KAR

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If the petitioner fails to deposit Rs.10,00,000/-

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on or before 22.11.2025 before the DRAT, Chennai, the order impugned dismissing the appeal stands confirmed.

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The interim protection granted by this Court

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reads as under, is extended till 22.11.2025.

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"Heard the learned counsel for the petitioner and perused the material on record.

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2. In addition to reiterating the various contentions urged in the memorandum of petition and referring to the documents produced, the learned counsel for the petitioner invites our attention to the interim order dated 25-4-2019 passed by this Court in Writ Petition No.58141 of 2017 (GM-DRT) directing the respondents not to precipitate the matter.

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3. It is submitted that the said interim order continued to remain in force till the said Writ Petition No.58141 of 2017 (GM-DRT) was ultimately disposed of by this Court by final order dated 18-4-2023, pursuant to which, the petitioner exercised the liberty granted in his favour by filing the present petition. It is, therefore, contended that in view of the interim order/protection in favour of the petitioner which was in force from 25-4-2019 up to 18-42023 coupled with the liberty reserved to the petitioner while disposing of the said W.P.No.58141/2017, interim

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