Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8077 WP No. 838 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 838 OF 2025 (GM-RES)
BETWEEN:
1.
GOOD SHEPHERD EDUCATION TRUST REP. BY IT'S AUTHORIZED SIGNATORY, REGINA DEVI D/O S.B.P. JEGARAKSHAGAN, AGED ABOUT 71 YEARS, J.P AVENUE, GANESHA BLOCK, NANDINI LAYOUT, MAIN ROAD, MAHALAKSHMI LAYOUT, BENGALURU 560 096.
2.
SHREE GANIGA EDUCATIONAL AND CHARITABLE TRUST, REP. BY IT'S SECRETARY, SOMASHEKARA, S/O NANJAPPA, AGED ABOUT 66 YEARS, NO.7, MIG 4TH PHASE, YELAHANKA NEW TOWN, BENGALURU 560 064 …PETITIONERS (BY SRI. L SREEKANTA RAO., ADVOCATE) AND:
1.
CANARA BANK ARM-II BRANCH, 2ND FLOOR, CIRCLE OFFICE, SENSOR TOWERS,
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:8077 WP No. 838 of 2025
NO.86, M.G ROAD, BENGALURU 560 001
2.
JINESH. D., S/O DHARANENDRAIAH G, AGED ABOUT 53 YEARS, NO.14/5, 1ST FLOOR, GANESHA BLOCK, J.B KAVAL, NANDINI LAYOUT MAIN ROAD, MAHALAKSHMI LAYOUT, BENGALURU-560 086
3.
LAKSHMI SRINIVAS W/O SRINIVAS, 797, 3RD CROSS, 3RD MAIN, HAL 3RD STAGE, NEAR MOTHER MARY SCHOOL, NEW THIPPASANDRA, BENGALURU- 560 075
…RESPONDENTS (BY SRI. SANTOSH S NAGARALE., ADVOCATE FOR R1 SRI. JWALA KUMAR., ADVOCATE FOR R2)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE FIRST AND THIRD RESPONDENTS TO UNLOCK AND HANDOVER THE PREMISES LEASED TO THEM BY ISSUE OF WRIT OF MANDAMUS AND ALLOW THE WRIT PETITION WITH COST AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:8077 WP No. 838 of 2025
CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER
In terms of the directions issued by this Court on 20.02.2025, learned counsel for the respondent No.2 has field statement of objections along with the information regarding the deposits made in terms of the directions issued by the Debts Recovery Tribunal. Learned counsel submits that this morning the 2nd respondent has deposited Rs.12,50,000/- with the respondent No.1 - bank and by virtue of which the entire amount of Rs.65 lakhs as
directed by the Debts Recovery Tribunal has been deposited by the 2nd respondent with the 1st respondent Bank.
2. The petitioner is running an educational institution and the examination will be commencing from the next month. Therefore, the 1st respondent is hereby
directed to restore the physical possession back to the petitioner as well as the 2nd respondent.
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NC: 2025:KHC:8077 WP No. 838 of 2025
3. The writ petition is also disposed of in view of the fact that the 2nd respondent is already before the Debts Recovery Tribunal and certain directions have already been issued by the Debts Recovery Tribunal. The petitioner as well as the 2nd respondent are at liberty to pursue their remedies before the Debts Recovery Tribunal.
Ordered accordingly.
Sd/- (R DEVDAS) JUDGE
KLY CT: JL