Tenants in premises mortgaged to a bank sought restraint on physical possession by the secured creditor. Having since vacated the premises and filed affidavits of undertaking, the petitions were disposed recording the vacatur; the bank was permitted to act in accordance with law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:14721 WP No. 27937 of 2023 C/W WP No. 27817 of 2023 WP No. 28189 of 2023 WP No. 28366 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 27937 OF 2023 (GM-RES)
C/W
WRIT PETITION NO. 27817 OF 2023 (GM-RES) WRIT PETITION NO. 28189 OF 2023 (GM-RES) WRIT PETITION NO. 28366 OF 2023 (GM-RES)
IN WRIT PETITION NO. 27937 OF 2023 BETWEEN:
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
SMT. GEETHA M., W/O MARISIDDAHAIAH AGED ABOUT 40 YEARS RESIDING AT: NO.71 BRUNDAVAN LAYOUT 1ST MAIN, MALLASANDRA T.DASARAHALLI BENGALURU – 560 057.
…PETITIONER
(BY SMT. SUMA HIREBIDARI, ADVOCATE)
AND:
RESPONDENTS NO.2 AND 3 ARE RESIDING AT: NO.153/2, 7TH MAIN 9TH CROSS, MALLESHWARAM, 3RD FLOOR, BENGALURU – 560 003.
REGISTERED OFFICE AT: 27 SKC, C-27, G-BLOCK BANDRA KURTA COMPLEX BANDRA (E), MUMBAI – 400 051.
…RESPONDENTS
(BY SRI. FRANCIS XAVIER, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO RESPONDENT NOT TO TAKE PHYSICAL POSSESSION OF THE WP SCHEDULED PROPERTIES.
IN WRIT PETITION NO. 27817 OF 2023
BETWEEN
MR. GOVINDARAJU N., S/O NARASIMHAIAH AGED ABOUT 57 YEARS
R/AT: NO.71, BRUNDAVAN LAYOUT 1ST MAIN, MALLASANDRA T.DASARAHALLI BENGALURU – 560 057
...PETITIONER
(BY SMT. SUMA HIREBIDARI, ADVOCATE)
AND
KOTAK MAHINDRA BANK LTD., 7TH FLOOR, PLOT NO.7, SECTOR - 125 NOIDA, UTTAR PRADESH – 201 313 REGISTERED OFFICE AT: 27 SKC, C-27, G-BLOCK BANDRA KURTA COMPLEX BANDRA(E), MUMBAI – 400 051.
…RESPONDENT
(BY SRI. FRANCIS XAVIER, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO RESPONDENT NOT TO TAKE PHYSICAL POSSESSION OF THE WP SCHEDULED PROPERTIES.
IN WRIT PETITION NO. 28189 OF 2023
BETWEEN
MR. C.K.DEVARAJ S/O KENCHAIAH AGED ABOUT 40 YEARS R/AT: NO.22, BRUNDAVAN LAYOUT 1ST MAIN, MALLASANDRA T.DASARAHALLI, BENGALURU – 560 057.
...PETITIONER
(BY SMT. SUMA HIREBIDARI, ADVOCATE)
AND
REGISTERED OFFICE AT: 27 SKC, C-27, G-BLOCK BANDRA KURTA COMPLEX BANDRA(E), MUMBAI – 400 051.
…RESPONDENTS
(BY SRI. FRANCIS XAVIER, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO THE NATURE OF MANDAMUS OR DIRECTION OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO RESPONDENT NOT TO TAKE PHYSICAL POSSESSION OF THE WRIT PETITION SCHEDULED
NC: 2024:KHC:14721 WP No. 27937 of 2023 C/W WP No. 27817 of 2023 WP No. 28189 of 2023 WP No. 28366 of 2023
PROPERTIES.
IN WRIT PETITION NO. 28366 OF 2023
BETWEEN
MR. H.M.YOGANAND S/O MARIAPPA AGED ABOUT 47 YEARS R/AT: NO.71, BRUNDAVAN LAYOUT 1st MAIN, MALLASANDRA, T.DASARAHALLI BENGALURU – 560 057.
...PETITIONER
(BY SMT. SUMA HIREBIDARI, ADVOCATE)
AND
RESPONDENTS NO.2 AND 3 ARE R/AT: NO.153/2, 7TH MAIN 9TH CROSS, MALLESHWARAM 3RD FLOOR, BENGALURU – 560 003.
REP. BY ITS AUTHORISED OFFICER
REGISTERED OFFICE AT: 27 SKC, C-27, G-BLOCK BANDRA KURTA COMPLEX BANDRA(E), MUMBAI – 400 051
…RESPONDENTS
(BY SRI. FRANCIS XAVIER, ADVOCATE FOR R4 )
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO RESPONDENT NOT TO TAKE PHYSICAL POSSESSION OF THE WP SCHEDULED PROPERTIES.
THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
IN W.P.Nos.27937/2023, 27817/2023
and 28366/2023:
The petitioners are tenants in the premises owned by respondent Nos.2 and 3, who are borrowers from the hands of respondent No.4. Owing to the difficulty projected by the petitioners, this Court protected the interest of these petitioners. The petitioners have now filed their respective affidavits of undertaking indicating that they have already vacated the premises.
that the petitions can be disposed recording the statements made in the affidavits. One such affidavit reads as follows:
“I, Geetha.M, W/o Marisiddahaiah, aged 40 years, R/a No.230, Ward No.2, 4th Cross, Dr.Rajkumar Road, Vijaya Nagar, Ramnagar-562 159 Now in Bangalore do hereby solemnly affirm and state on oath as follows:-
1. I am the petitioner in the above case. know the facts of the case and competent to swear to the affidavit.
2.1 state that I have vacated the house premises on 31.03.2024. I am this day handing over the keys of the house premises before this Hon'ble Court to the bank officials in the interest of justice.
I, hereby declare that, Geetha.M is my name and that I have signed this Affidavit and that its contents are true to the best of my knowledge, belief and information.”
In the light of the affidavits filed by the petitioners, writ
petitions stand disposed in terms of the affidavits.
IN W.P.No.28189/2023:
“The undersigned Counsel for the petitioner submits that the petitioner has vacated the house premises let out to him on 27.3.2024, but the petitioners
whereabouts is not known to the undersigned. Since the premises is vacant and not locked, the respondent bank may be directed to take possession of the house premises in the interest of justice.”
that he would take action in accordance with law.
stands disposed and the respondent – bank is permitted to take action in accordance with law.
Ordered accordingly.
NVJ List No.: 1 Sl No.: 24 CT:SS
Sd/JUDGE
1 provisions across 1 enactments
Smt. Geetha M.
Mr. Govindaraju N.
Mr. C.K. Devaraj
Mr. H.M. Yoganand
M/s. Harry's Chicken & Sea Foods
Mr. V.J. Dhanpal
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
