- 1 - NC: 2025:KHC:5771 WP No. 3783 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 3783 OF 2025 (GM-DRT) BETWEEN: FIERY DIGITAL IMAGING INDIA PRIVATE LIMITED (PREVIOUSLY KNOWN AS ELECTRONICS FOR IMAGING INDIA PRIVATE LIMITED), A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, HAVING ITS OFFICE AT KALYANI PLATINA, 4TH FLOOR, BLOCK-I, NO. 24, EPIP ZONE, PHASE 2, WHITEFIELD, BANGALORE - 560 066. REPRESENTED BY ITS DIRECTOR MS. JAYOTSANA BEDI. …PETITIONER (BY SRI. UDAYA HOLLA, SENIOR COUNSEL FOR SRI. MOHAMMED SHAMEER, ADVOCATE) AND: 1. INDIAN OVERSEAS BANK, JAYANAGAR 5TH BLOCK BRANCH, NO. 251/62, 43RD CROSS, 9TH MAIN, JAYANAGAR 5TH BLOCK, BENGALURU - 560 041, REPRESENTED BY BRANCH MANAGER. 2. ANANTHA B REDDY, SON OF K BALA REDDY, AGED ABOUT 48 YEARS, RESIDING AT NO. 21, CHAITANYA LA GROVE, KUNDALAHALLI, BANGALORE - 560 037. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5771 WP No. 3783 of 2025 3. M/S. SV BLOCKS AND ALLIED PRODUCTS, A REGISTERED PARTNERSHIP FIRM NO. 56/3, HULLAHALLI VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE, REPRESENTED BY ITS MANAGING PARTNER. 4. MRS. BHAVYA M, DAUGHTER OF UNKNOWN, AGED UNKNOWN, VILLA NO. 59, CHAITANYA LA GROVE, KUNDALAHALLI, BANGALORE - 560 037. …RESPONDENTS (BY SRI. M.K. SHIVARAM, ADVOCATE FO R1) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 31.01.2025 PASSED BY THE HONBLE DEBT RECOVERY TRIBUNAL-I, BENGALURU IN SECURITIZATION APPLICATION BEARING NO. 421 OF 2024 FILED UNDER SECTION 17(4-A) OF THE SARFAESI ACT (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 Learned counsel Sri.M.K.Shivaram, is requested to take notice for respondent No.1, since he has appeared for respondent No.1 in the earlier writ petition. Notice to the other respondents may not be necessary at this juncture for following reasons. - 3 - NC: 2025:KHC:5771 WP No. 3783 of 2025 2. Learned Senior Counsel Sri.Udaya Holla, appearing for the petitioner submits that on the previous occasion, the petitioner was before this Court in WP No.19934/2024, contending that the petitioner is a tenant under respondent No.2-Borrower who is also the owner of the property. Respondent No.2 has mortgaged the property to respondent No.1-Bank. The lease deeds are registered in the office of the jurisdictional sub-registrar. It is also pointed out that the parties herein have entered into a tripartite agreement on 14.07.2017, whereby the petitioner has agreed to deposit all the rents with respondent No.1-Bank towards the EMI payable by respondent No.2. It is also submitted that the petitioner has not in any way defaulted in depositing the rentals with respondent No.1-Bank. Nevertheless, action has been taken by respondent No.1-Bank against respondent No2. for recovery of the loan amount. This Court directed the petitioner to approach the Debts Recovery Tribunal. However, four weeks time was granted to approach the Debts Recovery Tribunal and accordingly, the petitioner - 4 - NC: 2025:KHC:5771 WP No. 3783 of 2025 approached the Debts Recovery Tribunal. The Debts Recovery Tribunal has now passed the impugned order at Annexure-A, dismissing the appeal filed by the petitioner. The petitioner is now required to approach the Debts Recovery Appellate Tribunal at Chennai. However, a breathing time of four weeks is sought, as was done by this Court, to enable the petitioner to approach the Debts Recovery Appellate Tribunal. 3. Accordingly, the writ petition is disposed of, while directing respondent No.1-Bank not to precipitate the matter for a period of four weeks. In view of the disposal of the main matter, I.A.No.1/2025 does not survive for consideration and the same stands disposed of. Sd/- (R DEVDAS) JUDGE rv CT:BHK