- 1 - NC: 2025:KHC:915 WP No. 373 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 373 OF 2025 (GM-RES) BETWEEN: 1. M/S. D.M. MATERIALS AND SUPPLIERS, PARTNERSHIP FIRM, NO.72/1, 1ST FLOOR, MUNIYAPPA INDUSTRIAL COMPLEX, JASRAGANAHALLI, J.P.NAGAR, BENGALURU - 560 078, REPRESENTED BY ITS PARTNER. 2. MR. A. PUSHPARAJ, AGED ABOUT 40 YEARS, S/O M. ANNAYAPPA, NO.260, SUDHARMA MUNIYAPPA RESIDENCY, 4TH MAIN, 4TH CROSS, JARAGANAHALLI, J.P.NAGAR, BENGALURU - 560 078. 3. MRS. SUNANDA S, AGED ABOUT 58 YEARS, NO.260, SUDHARAMA MUNIYAPPA RESIDENCY, 4TH MAIN, 4TH CROSS, JARAGANAHALLI, J.P.NAGAR, BENGALURU - 560 078. …PETITIONERS (BY SRI. M.A. RAJENDRA, ADVOCATE) AND: 1. THE AUTHORISED OFFICER, M/S ANAND RATHI GLOBAL FINANCE LTD., EXPRESS ZONE, "A" WING, 10TH FLOOR, Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:915 WP No. 373 of 2025 WESTERN EXPRESS HIGHWAY, GOREGAON (EAST), MUMBAI - 400 063, MAHARASHTRA. HAVING ITS BRANCH OFFICE 4TH FLOOR, BIKANER PINNACLE, NO.1, RHENIUS STREET, OFF RICHMOND ROAD, BANGALORE - 560 025. …RESPONDENT (BY SRI. K.V. LOKESH, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH / SET ASIDE THE ORDERS PASSED BY THE HONBLE 30TH ACJM COURT IN CRL.MISC.NO.10729/2024 ON 19.12.2024 (ANNX-A) AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Sri. K.V.Lokesh, learned counsel has filed a caveat petition on behalf of the respondent-Financial Institution. 2. Learned counsel for the respondent submits that the petitioners are chronic defaulters and even on the earlier occasion, in the year 2022, when action was taken - 3 - NC: 2025:KHC:915 WP No. 373 of 2025 against the petitioners for recovery of the amount, the petitioners had given an affidavit-cum-undertaking on 28.03.2022 to pay a sum of Rs.62,85,026/- towards the outstanding EMIs and he further undertook to pay the legal cost amounting to Rs.1,43,388/- on or before 20.04.2022 and further undertook to make all future repayments as due and payable. Nevertheless, the petitioners have once again defaulted in paying the EMIs, and accordingly, a notice under Section 13(2) of the SARFAESI Act, 2002 was issued on 13.09.2024 at Annexure-C. 3. Learned counsel for the petitioners points out to Annexure-D Possession Notice and submits that the outstanding EMI amount is Rs.28,80,130/- and the overdue interest is Rs.15,75,336/-. Learned counsel submits that one more opportunity should be given to the petitioners to pay the outstanding amount and regularize the account. - 4 - NC: 2025:KHC:915 WP No. 373 of 2025 4. In the considered opinion of this Court, such chronic defaulters are not entitled for any relief at the hands of this Court under Article 226 of the constitution of India, the remedy available for the petitioners is before the Debts Recovery Tribunal. Accordingly, the writ petition stands dismissed. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 9 CT: BHK