- 1 - NC: 2025:KHC:8856 WP No. 5232 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 5232 OF 2025 (GM-RES) BETWEEN: INDUS TOWERS LIMITED, A COMPANY REGISTERED UNDER COMPANIES ACT, 1950 HAVING ITS OFFICE AT NO.12, 7TH FLOOR, TOWER 'D', SUBRAMANYA ARCADE, BANNERGHATTA ROAD, BENGALURU - 560 029. REPRESENTED BY LATHA S, ASSISTANT MANAGER (POWER OF ATTORNEY HOLDER) REG. UNDER COMPANY ACT 1956. …PETITIONER (BY SRI. BHARATH K, ADVOCATE) AND: 1. ICICI BANK LIMITED REG. UNDER COMPANY ACT 1956. NO.4/10, MYTHREE CENTRE, HOSUR ROAD, BOMMANAHALLI, BENGALURU - 560 068. REP. BY ITS AUTHORIZED OFFICER, SRI. RAJIV THEKKEKARA, SON OF R.VISWANATHAN, AGED ABOUT 45 YEARS. 2. M/S. BASAVESHWARA ROLLER FLOUR MILLS 33/2, HOOTAGALLI INDUSTRIAL AREA, OPP AUTOMOTIVE AXLES LTD, KRS ROAD, MYSURU - 570 018. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:8856 WP No. 5232 of 2025 REPRESENTED BY ITS PARTNERS 1. SRI.SARATH CHANDRA S. 2. DHANYATHA SHARATH. 3. SARATH CHANDRA S AGED ABOUT 47 YEARS 4 SMT. DHANYATHA SARATH, AGED 40 YEARS, RESPONDENTS NO. 3 AND 4 ARE PARTNERS OF M/S SRI. BASAVESHWARA ROLLER FLOUR MILLS, NO. F8, SHANKARA MATHADA, 2ND CROSS, MYSURU - 570 018. …RESPONDENTS (BY SMT. SREEDEVI, ADVOCATE FOR SRI. JAI M. PATIL, ADVOCATE FOR R1) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH / SET ASIDE THE IMPUGNED ORDER DATED 27.10.2023 PASSED BY THE HONBLE PRINCIPAL SENIOR CIVIL JUDGE AND CJM MYSURU IN CRL MISC.NO. 297/2023 (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 On the pervious date of hearing, the following order was passed: "Sri.Jai M Patil, learned counsel undertakes to appear for respondent No.1. Issue notice to respondent Nos.2 to 4. - 3 - NC: 2025:KHC:8856 WP No. 5232 of 2025 Learned counsel for the petitioner is directed to serve copies of the writ petition along with annexures on learned counsel for respondent No.1. Learned counsel for the petitioner submits that it is admitted that the property in question has been attached and possession has been taken by respondent No.1. However, the grievance of the petitioner is that his request to permit him to remove the telecommunication towers put on the property has not been considered by respondent No.1. The petitioner is not the borrower and is only a tenant under respondent Nos.2 to 4 and his request is only to permit the petitioner to remove the telecom towers situated on the terrace of the property in question. Re-list this matter on 28.02.2025 for preliminary hearing. Learned counsel for respondent No.1 is directed to secure instructions and make submissions." - 4 - NC: 2025:KHC:8856 WP No. 5232 of 2025 2. Learned counsel for the respondent-Bank, on instructions submits that the said respondents will have no objections to permit the petitioner to remove the telecom tower from the property in question. However, it is submitted that the petitioner should ensure that no damage would be caused to the building. 3. Accordingly, the writ petition stands disposed of, permitting the petitioner to remove the telecom tower installed on the property that belonged earlier to respondent Nos.2 to 4, subject to the condition that the petitioner shall ensure that no damages are caused to the building. Ordered accordingly. 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