Dismissed¶40

M/S Maltose Agri Products Private Limited v. Smt. N. Kalpana

RDB Act, 1993 – S.21 – statutory pre-deposit

Karnataka HC22 Jun 2026WP/16648/2026

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What is this about?

WP No. 16648 of 2026 (GM-DRT), High Court of Karnataka at Bengaluru, decided 22.06.2026 (Coram: D K Singh & T.M. Nadaf, JJ.; per D K Singh, J). Maltose Agri Products Pvt. Ltd. & Anand v. N. Kalpana & Bank of India. Challenge to DRAT Chennai order reducing statutory pre-deposit from 50% to 25% under S.21 RDB Act in appeal against DRT-II Bangalore decree of Rs.3,71,38,000/-. Held: no discretion to waive the 25% pre-deposit or reduce it below 25%; writ petition dismissed.

What did the court decide?

There is no discretion vested in the appellate Tribunal to waive the 25% pre-deposit required to maintain the appeal; the Tribunal cannot reduce the requirement of pre-deposit to less than 25%. ¶40

M/S Maltose Agri Products Private Limited Vs Smt. N… — Banking and Recovery | Karnataka HC (2026)

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NC: 2026:KHC:30672-DB WP No. 16648 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF JUNE, 2026

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PRESENT

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THE HON'BLE MR. JUSTICE D K SINGH

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AND

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THE HON'BLE MR. JUSTICE T.M.NADAF

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WRIT PETITION NO. 16648 OF 2026 (GM-DRT)

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BETWEEN:

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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.

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Digitally signed by REKHA R Location: High Court of Karnataka

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SRI.T. ANAND, S/O. SHRI. THIMMEGOWDA, HUSKUR VILLAGE, ARALUMALLIGE POST, DODDABALLAPUR TALUQ, BANGALORE RURAL DISTRICT.

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(BY SRI. S. RAJASHEKAR, ADVOCATE FOR SRI. NAGARAJ SHETTY., ADVOCATE)

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…PETITIONERS

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AND:

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SMT. N. KALPANA, W/O SHRI. T. ANAND, HUSKUR VILLAGE, ARALUMALLIGE POST, DODDABALLAPUR TALUQ, BANGALORE RURAL DISTRICT.

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NC: 2026:KHC:30672-DB WP No. 16648 of 2026

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HC-KAR

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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.

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…RESPONDENTS

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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 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.,

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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

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

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The present writ appeal has been filed impugning the

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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).

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NC: 2026:KHC:30672-DB WP No. 16648 of 2026

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HC-KAR

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2. The petitioner has filed the said appeal against

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the order dated 27.03.2025 passed by the Presiding Officer, Debts Recovery Tribunal-II, Bangalore in TA.No.764/2017.

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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 predeposit. 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.

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4. Under the provisions to the said Section 21, the

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appellate Tribunal has discretion to reduce the statutory pre-deposit from 50% to 25% for the reasons stated.

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4 - NC: 2026:KHC:30672-DB WP No. 16648 of 2026

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HC-KAR

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5. However, there is no discretion vested in the

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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.

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We therefore, dismiss this writ appeal.

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Sd/(D K SINGH) JUDGE

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Sd/(T.M.NADAF) JUDGE

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List No.: 1 Sl No.: 8 ct-vn

M/S Maltose Agri Products Private Limited v. Smt. N. Kalpana

Case brief

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M/S Maltose Agri Products Private Limited v. Smt. N. Kalpana

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