- 1 - HC-KAR NC: 2025:KHC:22836 WP No. 18194 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 18194 OF 2024 (GM-CPC) BETWEEN: INDIRANAGAR SPORTS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT NO. 122, SIPANI CLASS-2, FLAT 402, 1ST A CROSS, 8TH BLOCK, KORAMANGALA, BENGALURU - 560 095, AND REPRESENTED BY HEREIN BY ITS AUTHORIZED REPRESENTATIVE MR. ANURAG BARMECHA. …PETITIONER (BY SRI. DEEPAK BHASKAR, ADVOCATE) AND: 1. SMT. M. SUSHEELAMMA, W/O LATE MR. D. RAMAKRISHNA, AGED ABOUT 65 YEARS OLD, HAVING RESIDENCE AT NO.67, LAKSHMI KRUPA WIND TUNNEL ROAD, MURUGESHPALYA, BENGALURU - 560 017. 2. SMT. DEEPTHI R, D/O LATE MR. D. RAMAKRISHNA, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22836 WP No. 18194 of 2024 AGED ABOUT 39 YEARS OLD, HAVING RESIDENCE AT NO.67, LAKHSMI KRUPA, WIND TUNNEL ROAD, MURUGESHPALYA BENGALURU - 560 017. 3. SRI. RAJEEV R., S/O LATE MR. D. RAMAKRISHNA, AGED ABOUT 36 YEARS OLD, HAVING RESIDENCE AT NO.67, LAKHSMI KRUPA WIND TUNNEL ROAD, MURUGESHPALYA BENGALURU - 560 017. …RESPONDENTS (BY SRI. AJESH KUMAR S., ADVOCATE FOR SRI. DILEEP C.G., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 19.06.2024 (ANNX-A) AS PASSED BY THE LD.LXXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-85 COMMERCIAL COURT) AT BENGALURU IN COM.O.S.NO. 1012/2023 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:22836 WP No. 18194 of 2024 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court, seeking the following prayer: "A. Permit the Petitioner hereinabove to produce the unregistered Lease Deed dated 30th June, 2021 [Annexure - C] and have the same marked as an exhibit in Com.O.S 1012/2023 subject to the outcome of the present Petition. B. Pass such other orders as this Hon'ble Court may deem fit and necessary in the facts and circumstances of the present dispute." 2. Heard Sri. Deepak Bhaskar, learned counsel appearing for the petitioner, Sri. Ajesh Kumar S., learned counsel for Sri. Dileep C.G., learned counsel appearing for the respondents and have perused the material on record. 3. The petitioner is the plaintiff. A suit in Com.O.S.No.1012/2023 is instituted by the present petitioner - the plaintiff seeking recovery of Security Deposit, which was paid to the landlord at the time of entering into the lease. Before the concerned Court, the petitioner files an application - 4 - HC-KAR NC: 2025:KHC:22836 WP No. 18194 of 2024 seeking to mark a Lease Deed, which is objected too by the defendants. The objection was on the score that the Lease Deed is unregistered and an unregistered document could not be placed as an evidence before the concerned Court. 4. Learned counsel appearing for the petitioner and the respondents have relied on plethora of judgments far and against the said claim. 5. Learned counsel appearing for the respondents would admit the landlord and tenant relationship and would further admit the execution of Sale Deed and would further admit the receipt of the Security Deposit. 6. If that be so, the document now being marked is only for a collateral purpose of determination of the Security Deposit being received or not. 7. In the light of the admission that Security Deposit has been received, I deem it appropriate to dispose the petition with a direction to the concerned Court to permit marking of - 5 - HC-KAR NC: 2025:KHC:22836 WP No. 18194 of 2024 the said document only for the collateral purpose - receipt of the Security Deposit, which is found in Clause No.6 of the Lease Deed. The said Clause reads as follows: "6. SECURITY DEPOSIT 6.1. A sum of INR 26,56,086/- (Indian Rupees Twenty- SixLakhs and Fifty-Six Thousand and Eighty-Six Only) has been paid as an interest free refundable security deposit (hereinafter referred to as the "Security Deposit") to the Lessors by the Lessee. The Lessee has paid the Security Deposit to the Lessors in the manner set out below, receipt and sufficiency of which is being acknowledged by the Lessors. 6.2. The Lessee has paid the Security Deposit on the date of signing this Deed in the below manner: a. a sum of INR 20,00,000/- (Indian Rupees TwentyLakhs only) paid to the Lessor No. 1, by way of Demand Draft bearing No.055144 dated 30/06/2021 drawn from the Axis Bank Ltd., Ground Floor, No:6-A J P Nagar, III Phase, Bannerghatta Main Road Branch, Bengaluru, for which receipt has been acknowledged by the Lessors. b. a sum of INR 3,28,043/- (Indian Rupees Three Lakhs Twenty Eight Thousand and Forty Three Only) paid to the Lessor No. 2, by way of Demand Draft bearing No. 055145 dated 30/06/2021, drawn from the Axis Bank Ltd., Ground Floor, No:6-A J P Nagar, III Phase, Bannerghatta Main Road Branch, Bengaluru, for which receipt has been acknowledged by the Lessors. c. a sum of INR 3,28,043/- (Indian Rupees Three Lakhs Twenty Eight Thousand and Forty Three Only) paid to the Lessor No. 3, by way of Demand Draft bearing No. 055143 dated 30/06/2021, drawn from the Axis Bank Ltd., Ground Floor, No:6-A J P Nagar, III Phase, Bannerghatta Main Road Branch, - 6 - HC-KAR NC: 2025:KHC:22836 WP No. 18194 of 2024 Bengaluru, for which receipt has been acknowledged by the Lessors. 6.3. It is agreed between the Parties that the aforesaid Security Deposit shall not carry any interest, and the Lessors shall be liable to refund the Security Deposit on the same day ofhanding over of vacant possession of the Schedule Property after deduction of all the outstanding Rent, electricity charges and water charges, if any. 6.4. In the event the Lessors fail to refund the entire Security Deposit as stated in the Clause 6.3, the Lessor shall be liable to pay an interest 18% per month on the Security Deposit till the time the same is refunded to the Lessee. These rights of the Lessee shall be without prejudice its right to initiate appropriate legal action against the Lessor for the refund of the Security Deposit. Further, in the event of the Lessors failing to refund the Security Deposit, the Lessee shall be entitled to holdover the Schedule Property i.e. continue the holding of possession of the Schedule Property with all utilities without payment of liability of payment of Rent and other charges, until the Security Deposit is refunded." In the light of the aforesaid submissions of the learned counsel appearing for the petitioner and respondents and for the aforesaid reasons, I deem it appropriate to dispose the petition as afore-directed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 24/CT: BHK