- 1 - NC: 2025:KHC:14960 WP No. 4808 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 4808 OF 2025 (GM-RES) BETWEEN: M/S. APOORVA ISPAT AND METALS PVT. LTD., NO. 9A, PEENYA, INDUSTRIAL AREA, PEENYA 2ND PHASE, BENGALURU - 560 058, REPRESENTED BY ITS MANAGING DIRECTOR, SRI. RITESH KUMAR RAI. (REGISTERED UNDER COMPANIES ACT, 1956) …PETITIONER (BY SRI. RAJESH MAHALE, SR. COUNSEL FOR SMT. VAISHNAVI S, ADVOCATE) AND: 1. THE MALLESHWARAM CO-OPERATIVE BANK LTD., NO. 102, 7TH CROSS, MALLESHWARAM, BENGALURU - 560 003, REPRESENTED BY ITS AUTHORISED SIGNATORY MRS. SHOBHA M. 2. M/S. PRAMEEN INDUSTRIES, NO.9A, II PHASE, PEENYA INDUSTRIAL AREA, BENGALURU - 560 058, REPRESENTED BY ITS MANAGING PARTNER SMT. O.V. SHANTHA KUMARI. …RESPONDENTS (BY SRI. LOKESH K.V, ADVOCATE FOR R1) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:14960 WP No. 4808 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN C.MISC.NO.4436/2023, ON THE FILE OF HONBLE XXXI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU (ANNEXURE-C) AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner, a tenant is before this Court calling in question an order of the learned Magistrate in Crl.Misc.No.4436/2023 dated 21.12.2024. 2. Heard Shri. Rajesh Mahale, learned Senior counsel for Smt. Vaishnavi S., learned counsel appearing for the petitioner and Shri K.V. Lokesh, learned counsel appearing for respondent No.1. 3. The petitioner is a tenant in a premises owned by the second respondent, the borrower from the hands of the first respondent. The borrower is said to have defaulted in payment and the first respondent - Bank has initiated proceedings - 3 - NC: 2025:KHC:14960 WP No. 4808 of 2025 invoking the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('the SARFAESI Act' for short). 4. As observed hereinabove, the petitioner is a tenant to the second respondent and is said to be paying a monthly rent of Rs.2,25,000/-. The only request of the learned Senior counsel is that the petitioner be permitted to dismantle the machinery, stage by stage and vacate the premises, within a particular time. 5. According to the learned Senior counsel, the time that is required is about five months, as they are inflammable machinery and therefore, it has to be dismantled with great care and would require sometime to do so. 6. Therefore, I deem it appropriate to grant the petitioner - tenant to dismantle and deliver vacant possession of the property to the hands of the Bank, in the next four months, as the Bank has already taken possession of the property, subject to the condition that the petitioner would pay the rent that is being paid to the owner directly to the Bank for - 4 - NC: 2025:KHC:14960 WP No. 4808 of 2025 all the four months or till the date, he vacates the premises to deliver vacant possession to the respondent-Bank. 7. In the event, the petitioner would default in the aforesaid delivery of vacant possession, within four months, it is open for the Bank to take steps to evict the petitioner and take possession of the property. With the aforesaid observations, the petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 8