- 1 - NC: 2025:KHC:1403 WP No. 10696 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 10696 OF 2023 (BDA) BETWEEN: MAYA TRADELINKS LIMITED COMPANY INCORPORATED UNDER COMPANIES ACT 2013/1954 VAIBHAV, 4, LEE ROAD, KOLKATA-700 020, REPRESENTED BY ITS DIRECTOR, SHRI. MANMAY KUMAR GHOSH …PETITIONER (BY SRI. DHANANJAY V. JOSHI SENIOR COUNSEL FOR SMT. KAVITHA D., ADVOCATE) AND: 1. BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST, T CHOWDAIAH ROAD, BANGALORE-560 020, REP. BY ITS COMMISSIONER. 2. SMT. MANJUSHREE KABRA, AGED ABOUT 57 YEARS, WIFE OF SHRI KIRTI KUMAR KABRA RESIDING AT NO.A-906, R.N.S SHANTHI NIVAS, YESHWANTHPURA, TUMKUR ROAD, BANGALORE-560 022. …RESPONDENTS (BY SRI. SACHIN B S., ADVOCATE FOR R1; SMT. JAYNA KOTHARI SENIOR COUNSEL FOR SRI. NAVEEN CHANDRA V., ADVOCATE FOR R2) Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:1403 WP No. 10696 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.1 TO EXECUTE THE SALE DEEDS IN RESPECT OF THE SCHEDULE C SITES IN FAVOUR OF THE R2 PURSUANT TO THE ALLOTMENT LETTERS DATED 17.07.2019 BEING ANNEXURE-A20 TO A21 RESPECTIVELY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Heard Sri.Dhananjay V. Joshi, learned Senior counsel appearing for the petitioner and as well as Smt.Jayna Kothari, learned Senior counsel appearing for the respondent No.2. 2. Petitioner has filed the present petition seeking direction to the respondent No.1 to execute deeds of sale in respect of petition `C' schedule sites namely Site Nos.5544 and 5573 forming part of Sy.No.3, situated at K.Krishnasagara Village, Nadaprabhu Kempegowda Layout, 5th measuring 360 sq. meters each which are subject matters of letters of allotment produced at Annexures -A20 and A21, issued by respondent-BDA in favour of respondent No.2. - 3 - NC: 2025:KHC:1403 WP No. 10696 of 2023 3. Petitioner seeking the aforesaid relief on the basis of an award dated 10.10.2022 passed by Arbitration Tribunal in A.C.No.215/2021 in terms of which respondent No.2 herein has been directed to execute and register the sale deeds in favour of the petitioner herein (who was the claimant in the said Arbitral Proceedings) in respect of the aforesaid sites within a period of two months from the date of respondent No.1-BDA executing sale deeds in favour of respondent No.2. 4. Learned Senior counsel appearing for the petitioner submits that respondent No.2 with oblique intentions of denying the fruits of the aforesaid arbitration award is not taking any steps to have the deeds of sale executed by the respondent No.1-BDA in her favour. Therefore the petitioner is constrained to approach this Court. 5. Learned Senior counsel appearing for respondent No.2 on the other hand submits that an appeal has been filed by the respondent No.2 against the aforesaid award and the same is pending consideration and until disposal/determination of the rights of the parties, petition of this nature at the instance of the petitioner cannot be entertained. Hence, seeks for dismissal of the same. - 4 - NC: 2025:KHC:1403 WP No. 10696 of 2023 6. Learned counsel for respondent No.1-BDA on the other hand submits that since the letters of allotment have already been issued it is for the respondent No.2 to have recourse to obtain deeds of sale and no fault can be found with the respondent No.1-BDA. However, he fairly submits notwithstanding the same in view of the fact situation of the matter the respondent No.1-BDA would once again issue an intimation to the respondent No.2 specifying the date on which respondent No.2 may appear before the BDA and obtain the deeds of sale in furtherance to the letters of allotment. 7. Learned Senior counsel appearing for petitioner at this juncture submits that the respondent No.1-BDA be directed to submit report before this Court regarding the action taken, inasmuch as he submits that, there is grave apprehension of deliberate delay in respondent No.1-BDA executing the deeds of sale in favour of respondent No.2 which would eventually frustrate the fruits of the award that has already been passed in favour of the petitioner. 8. Learned Senior counsel for the respondent No.2 vehemently oppose such a request as the petitioner is not entitled as yet for such a direction. - 5 - NC: 2025:KHC:1403 WP No. 10696 of 2023 9. There is an award in favour of the petitioner as noted above and the same is also subject matter of appeal pending consideration. The direction sought for by the petitioner against respondent No.1-BDA is only to execute the deeds of sale in respect of the aforesaid two sites in favour of respondent No.2, which even executed would not create any right, title and interest in favour of the petitioner in any manner whatsoever until disposal of the appeal which is stated to have been pending consideration. 10. In view of the aforesaid fact situation of the matter, and in view of submission made by learned counsel for respondent No.1-BDA, respondent No.1-BDA is hereby directed to issue an intimation to respondent No.2 specifying the date on which it would execute the deeds of sale in her favour and shall execute the deeds of sale accordingly. Such exercise shall be done within an outer limit of four weeks from the date of receipt of certified copy of this order and compliance report in this regard be submitted to this Court on or before 24.02.2025. 11. It is made clear that this Court has not expressed any opinion on the rights of the parties. It is only in furtherance to - 6 - NC: 2025:KHC:1403 WP No. 10696 of 2023 the allotment letters issued by respondent-BDA the aforesaid direction is issued. With the above observation writ petition is disposed of. SD/- (M.G.S. KAMAL) JUDGE SBN List No.: 1 Sl No.: 48