M/S TRIBECA HOSPITALITY LLP v. M/S SHREE REALTORS PRIVATE LIMITED
WP/23281/2025 · 2025-09-11
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 89726 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 89726 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:36063 WP No. 23281 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 23281 OF 2025 (GM-CPC) BETWEEN:
M/S. TRIBECA HOSPITALITY LLP A LIMITED LIABILITY PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT NO. 105, VIKAS TECH PARK 1ST CROSS ROAD, 5TH BLOCK KORAMANGALA, INDUSTRIAL LAYOUT BENGALURU - 560 034 REPRESENTED BY ITS DESIGNATED PARTNER MRS. VARTIKA ARORA W/O RAJEEV ARORA AGED ABOUT 50 YEARS. …PETITIONER (BY SRI P.D.SURANA, ADVOCATE) AND:
1.
M/S. SHREE REALTORS PRIVATE LIMITED HAVING ITS OFFICE AT VASWANI VICTORIA NO.30, VICTORIA ROAD BENGALURU - 560 047 REPRESENTED BY THEIR AUTHORIZED SIGNATORY.
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:36063 WP No. 23281 of 2025
2.
SMT. KAMALAMMA W/O LATE H.THIPPA REDDY AGED ABOUT 76 YEARS R/AT VASWANI VICTORIA NO. 30, VICTORIA ROAD BENGALURU - 560 047.
3.
SRI T.UMASHANKAR S/O LATE THIPPA REDDY AGED ABOUT 51 YEARS R/AT VASWANI VICTORIA NO.30, VICTORIA ROAD BENGALURU - 560 047.
…RESPONDENTS
(BY SRI G.L.VISHWANATH, SENIOR ADVOCATE A/W., SMT. MANASA M. B., ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NOT TO INTERFERE WITH THE PEACEFUL POSSESSION AND ENJOYMENT OF THE SCHEDULE PREMISES PENDING DISPOSAL OF IA NO. 1 PENDING ON THE FILE OF THE LEARNED LXXXII ADDL. CITY CIVIL AND SESSIONS JUDGE (COMMERCIAL COURT) AT BENGALURU (CCH-83) IN COM.A.A.
NO. 303/2025, PRODUCED AS ANNX-V BY MODIFYING THE
ORDER DATED 21/07/2025 MADE IN THE SAID COM.A.A. NO. 303/2025.
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HC-KAR NC: 2025:KHC:36063 WP No. 23281 of 2025
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
Petitioner is before this Court seeking the following prayer:
“WHEREFORE, it is humbly prayed that this Hon'ble Court be pleased to issue an order or direction or Writ of such nature as may be deemed necessary directing the Respondents not to interfere with the peaceful possession and enjoyment of the Schedule Premises pending disposal of I.A No.1 pending on the file of the learned LXXXII Addl. City Civil and Sessions Judge(Commercial court) at Bengaluru (CCH-83) in Com.A.A No.303/2025, produced as ANNEXURE-V by modifying the
order dated:- 21.07.2025 made in the said Com.A.A No.303/2025 in the interest of justice and equity.”
2. Petitioner is said to be the tenant and respondents in Com.A.A.303 of 2025. The dispute between the two is with regard to payment of rent, inter alia. The petitioner knocks at the doors of the concerned Court seeking an order of injunction or restraint against the respondents in interfering with the possession of the petitioner of the schedule premises. The concerned Court does not grant injunction, but only issues
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HC-KAR NC: 2025:KHC:36063 WP No. 23281 of 2025
notice. Therefore, the petitioner is before this Court seeking grant of an injunction.
3. Heard Sri P D Surana, learned counsel appearing for petitioner and Sri G L Vishwanath, learned senior counsel appearing for the respondents.
4. The projection was that the petitioner would be evicted, therefore, this Court in terms of its order dated 11-08-2025 had granted an interim order of status quo. The said order is subsisting as on date. The respondents have now entered appearance.
5. Learned senior counsel Sri G L Vishwanath appearing for the respondents would submit that the petitioner is in arrears of rent to the tune of Rs.55 lakhs, which is disputed by the learned counsel for the petitioner contending that there is an understanding between the two that when the mall gets functional, rent becomes payable. Be those submissions as they are.
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HC-KAR NC: 2025:KHC:36063 WP No. 23281 of 2025
6. Arrears of rent or the claim of rent, all of which are now at large before the concerned Court. The only protection that was granted to the petitioner was, till the appearance of the respondents, status quo to be maintained by the parties. In the light of the appearance as observed hereinabove, I deem it appropriate to direct the concerned Court in Com.A.A. 303 of 2025 to consider the application filed seeking injunction or restraint against the respondents from entry into the schedule premises, in accordance with law, bearing in mind the observations made in the course of the order.
7. Since the interim order is operating, I deem it appropriate to extend the same for a period of another two weeks and bind the concerned Court to consider the application within two weeks from the date of webhosted copy of this
order. All contentions of both the parties remain open.
Petition stands disposed accordingly.
Sd/- (M.NAGAPRASANNA) JUDGE BKP List No.: 2 Sl No.: 6/CT:SS