Fazil Hussain vs M/s. Bank Of Baroda

This appeal is filed against the interim order passed by the learned Presiding Officer, DRT-II, Bengaluru in NDN. (SA) 2286/2025. By the said order, the learned Presiding Officer, taking note of the fact that the learned counsel for the petitioner, who appeared before DRT, undertook that the petitioner would make substantial remittance to the loan account. Recording the submissions of the learned counsel for the petitioner, the learned Presiding Officer deferred dispossession of the applicant/petitioner from the schedule property on condition that the petitioner remitting the total amount of Rs.18,00,000/- with the respondent. ( i.e. Rs.6,00,000/- on or before 28.11.2025, Rs. 3,00,000/- on or before 10.12.2025, Rs.6,00,000/- on or before 30.12.2025 and Rs.3,00,000/- on or before 20.1.2026.) After giving an undertaking to pay the substantial amount to the loan account, without paying the amount to the loan account, this appeal is filed.

NDN SA No. 2286/2025 is filed to set aside the order passed under Section 14 of the SARFAESI Act on 19.12.2024 in Crl.M.P.No. 373/2024 by the learned Chief Judicial Magistrate, Mysore, which is still pending. Therefore, this Tribunal is of the view that this appeal can be disposed by modifying the conditional order passed by the learned Presiding Officer, DRT-II, Bengaluru.

In this view of the matter, this appeal is disposed by modifying the order of the learned Presiding Officer, DRT-II, Bengaluru, passed on 10.11.2025 to the effect that the petitioner is directed to pay a sum of Rs.10,00,000/- to the loan account instead of Rs.18,00,000/- in two equal instalments within a period of one month from today. On such payment, learned Presiding Officer, DRT-II, Bengaluru, is directed to decide on granting stay of further proceedings depending upon the facts and circumstances of the case. Accordingly, this appeal is disposed. Parties are directed to bear their own costs. Pending IAs, if any, shall stand closed.