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2025 DAILYLAW 26029 (KAR)

TANA ENTERPRISES v. CHIEF TRAFFIC MANAGER (COMMERCIAL)

WP/13565/2025 · 2025-06-05

S Sunil Dutt Yadav

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:19108 WP No. 13565 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 13565 OF 2025 (GM-RES) BETWEEN: TANA ENTERPRISES, SY NO.26/3, BALAGARANAHALLI, NERALURU POST OFFICE, ANEKAL TALUK, BENGALURU URBAN DISTRICT - 562 107, ERANNA H C, S/O G. CHANDRANNA, AGED ABOUT 48 YEARS. …PETITIONER (BY SRI. S.R. HEGDE HULLAMANE, ADVOCATE) AND: CHIEF TRAFFIC MANAGER (COMMERCIAL), BMTC, 2ND FLOOR, SHANTHINAGARA TTMC, K H ROAD, BENGALURU - 560 027. …RESPONDENT (BY SMT. H.R. RENUKA, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED FINAL NOTICE BEARING NO. BEMMASASAM/KEKA/SANCHARA/VANIJYA/375/2025-26 DATED 26.04.2025 WHICH IS PRODUCED AS ANNEXURE-N AND ETC., Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19108 WP No. 13565 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER 1. The petitioner has challenged the impugned final notice at Annexure-N dated 26.04.2025 whereby the respondent Authority has called upon the petitioner to satisfy demands failing which, necessary action will be taken. 2. It is noticed that relationship between the petitioner and the respondent is contained in the agreement at Annexure-A and disputes amongst the parties are to be resolved as per the "dispute resolution procedure at Clause 54". 3. Learned counsel for the respondent submits that the dispute between the parties is one that falls within Clause 54 of the agreement and is to be resolved accordingly. - 3 - HC-KAR NC: 2025:KHC:19108 WP No. 13565 of 2025 4. In light of the Clause 54 of the agreement entered into between the parties which provides for dispute resolution, a dispute has made out and is a subject matter of the writ petition is required to be adjudicated by resorting to such procedures. 5. Noticing that an interim order had already been granted, the possession of the petitioner is not to be disturbed for a period of three weeks. 6. Accordingly, petition is disposed off reserving liberty to the parties to take recourse to Clause "Dispute Resolution Procedure in Clause 54" of the Agreement dated 17.12.2022. 7. Needless to state, the payment of license fee monthly is to be adhered to. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 1 Sl No.: 36 CT: BHK