Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010533312026 NC: 2026:KHC:42658 WP No. 24240 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 24240 OF 2026 (GM-RES) BETWEEN:
SHRI. N. SRINIVASA RAO, S/O LATE N. R. NARAYANA RAO, AGED ABOUT 68 YEARS, OCC: BUSINESS, R/O NO.758, 17TH B MAIN, 5TH BLOCK, RAJAJINAGAR, BENGALURU - 560 010. DWARAKA HOTEL WORKING PARTNER. …PETITIONER (BY SMT. SHWETHA ANAND., ADVOCATE) AND:
1. THE BRANCH MANAGER, KARNATAKA BANK LTD., HAVING ITS BRANCH AT NO.45/46, NAGAPPA STREET, SHESHADRIPURAM, NEHARU NAGAR, BENGALURU - 560 020. 2. THE BANK MANAGER, KOTISHWARA BANK SAHAKARI BANK NAMITHA, AT 2ND MAIN ROAD,
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010533312026 NC: 2026:KHC:42658 WP No. 24240 of 2026
SHESHADRIPRAM, BENGALURU - 560 020. 3. M/S. HOTEL DWARAKA, (A PARTNERSHIP FIRM DULY REGISTERED, UNDER THE INDIAN PARTNERSHIP ACT, 1932), HAVING ITS OFFICE AT S.C. ROAD, REPRESENTED BY N.RAGHAVENDRA RAO, AGED ABOUT 69 YEARS, S/O. LATE N.R.NARAYANA RAO, PARTNER BENGALURU - 560 009. 4. SRI. N. KRISHNA MURTHY, S/O LATE N.K. VENKATA RAO, AGED ABOUT 84 YEARS, PARTNER, M/S HOTEL DWARAKA, R/O FLAT NO.405, SKYLINE GOLDEN RANKA, B.M. ROAD, KEMPEGOWDA NAGAR, BENGALURU - 560 019. 5. MR. T.S. LAKSHMINARAYANA RAO, S/O LATE T. SESHAGIRI RAO, AGED ABOUT 80 YEARS, PARTNER, M/S HOTEL DWARAKA, R/O LAKSHMI MEDICALS, KASTURI BAI, B.H ROAD, HASSAN - 573 201. - 3 -
HC-KAR
CNR: KAHC010533312026 NC: 2026:KHC:42658 WP No. 24240 of 2026
6. MR. N. SRIRAM RAO, S/O LATE N.K. VENKATA RAO, AGED ABOUT 76 YEARS, PARTNER, M/S HOTEL DWARAKA, R/O NO.42, VENKATADRI, 2ND CROSS ROAD, WEST OF CHORD ROAD, 1ST STAGE, 5TH BLOCK, RAJAJINAGAR, BENGALURU - 560 010. 7. MR. T.N. KRISHNA MURTHY, S/O LATE T. NAGAPPA HATVAR, AGED ABOUT 75 YEARS, PARTNER, M/S HOTEL DWARAKA, R/O NO.15, II CROSS, HV HALLI DURGA PARAMESHWARI LAYOUT, PATTANAGERE, R.R. NAGAR, BENGALURU - 560 098. 8. MR. T.N. RAGHAVENDRA RAO, S/O T. NAGAPPA HATVAR, AGED ABOUT 70 YEARS, PARTNER, M/S HOTEL DWARAKA, R/O NO.24, 5TH CROSS, 4TH BLOCK, SUBRAMANYASWAMY TEMPLE ROAD, KP WEST, BENGALURU - 560 020. 9. MR.
N. RAGHAVENDRA RAO, S/O LATE N.R. NARAYANA RAO,
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HC-KAR
CNR: KAHC010533312026 NC: 2026:KHC:42658 WP No. 24240 of 2026
AGED ABOUT 69 YEARS, PARTNER, M/S HOTEL DWARAKA, NO.18, LAKSHMINARAYANA NILAYA, BASAPPA ROAD, SHANTHINAGAR, BENGALURU - 560 027. 10. MR. N. SRIDHARA RAO, S/O LATE N.K. VENKATA RAO, AGED ABOUT 65 YEARS, PARTNER, M/S HOTEL DWARAKA, R/O NO.3 NERAMBALLI 1ST CROSS, SIKH ROAD, VAHINI NAGAR, SECUNDERABAD - 500 009. 11. MR. N.K. GANESHA, S/O LATE N. KRISHNA MURTHY, AGED ABOUT 45 YEARS, PARTNER, M/S HOTEL DWARAKA, MKM GRAND, ERA MANZIL, SOMAJIGUDA, HYDERABAD - 500 082. 12. MR.N.N VENKATESHA RAO, S/O LATE N.R.NAGAPPAIAH, AGED ABOUT 69 YEARS, R/A NO.1-7-139/7, SRK NAGAR MUSHIRBADH, HYDERABAD - 500 049. (LEGAL REPRESENTATIVE OF DECEASED PARTNER N R NAGAPPAIAH). - 5 -
HC-KAR
CNR: KAHC010533312026 NC: 2026:KHC:42658 WP No. 24240 of 2026
13. MR. N.N.VISHWANATH RAO, S/O LATE N.R.NAGAPPAIAH, AGED ABOUT 63 YEARS, R/A NO.1-7-139/7, SRK NAGAR MUSHIRBADH, HYDERABAD - 500 049. 14. RADHAKRISHNA RAO, S/O LATE N.R.NAGAPPAIAH, AGED ABOUT 60 YEARS, R/A H.NO. 12-13-454, STREET NO.1, TAMAKA, SECUNDERABAD - 500 017. 15. MR. GURURAJA RAO, S/O LATE N.R.NAGAPPAIAH, AGED ABOUT 54 YEARS, NO.28/A CROSS, GEETHA COLONY, 4TH BLOCK, JAYANAGAR, BANGALORE - 560 011. 16. SMT. PADMA Y RAO, D/O LATE N R NAGAPPAIAH, AGED ABOUT 53 YEARS, R/O PLOT NO.37, SARDAR PATEL COLONY, TIRUMALAGIRI, HYDERABAD - 500 015. 17. MRS. VASANTHI BADRINARAYAN, W/O LATE BADRINARAYAN RAO, AGED ABOUT 78 YEARS, PARTNER, M/S HOTEL DWARAKA,
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HC-KAR
CNR: KAHC010533312026 NC: 2026:KHC:42658 WP No. 24240 of 2026
RESIDING AT "SEETHARAM KRUPA", NO.148, 10TH CROSS, 1ST STAGE, INDIRANAGAR, BENGALURU - 560 038. …RESPONDENTS (BY SMT.DIVYA PURNDAR, ADVOCATE FOR R1;
SRI.S.DINESH, ADVOCATE FOR C/R9;
SRI.SUYOG HERELE, ADVOCATE FOR R6 AND R8)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO RESTRAINING THE RESPONDENT NO.1 BANK IN ALLOWING THE RESPONDENT NOS.4 TO 17 FROM OPERATING THE CURRENT ACCOUNT NO.
063200010092101 (CA-921); B. CONSEQUENTLY, PROHIBIT THE RESPONDENT NO.4 TO 17 NOT TO OPERATE THE BANK ACCOUNTS/RELATED FIXED DEPOSITS, STANDING IN THE NAME OF THE RESPONDENT NO.1, THE PARTNERSHIP FIRM, UNTIL THE PARTNERSHIP IS FORMALLY AND LEGALLY RECONSTITUTED, OR UNTIL FURTHER ORDERS FROM THIS HONBLE COURT AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Smt. Divya Purndar, learned counsel accepts notice for respondent No.1. Sri Suyog Herele, learned counsel
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HC-KAR
CNR: KAHC010533312026 NC: 2026:KHC:42658 WP No. 24240 of 2026
accepts notice for respondent Nos.6 and 8 and Sri S.Dinesh,
learned counsel accepts notice for Caveator/respondent No.9. Notice to the other respondents has been dispensed with vide Court order dated 11.08.2026. 2. Petitioner is before this Court seeking for the following reliefs: a. ISSUE a Prohibitory Writ restraining the Respondent No. 1 Bank in allowing the Respondent Nos. 4 to 17 from operating the Current Account No.
063200010092101 (CA-921)
b. Consequently, prohibit the Respondent No.4 to 17 not to operate the Bank accounts/related fixed deposits, standing in the name of the Respondent No.1, the partnership firm, until the partnership is formally and legally reconstituted, or until further orders from this Hon'ble Court. 3. The petitioner and respondent Nos.4 to 17 claimed to be partners of the partnership firm M/s Hotel Dwaraka, which is respondent No.3 in these proceedings and that they are governed by reconstituted Partnership deed dated 22.02.2020. There being certain disputes between the partners as regards the partnership firm, the operation, control and interference as well as
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HC-KAR
CNR: KAHC010533312026 NC: 2026:KHC:42658 WP No. 24240 of 2026
administration of the partnership firm, the petitioner had filed an application under Section 11 of the Arbitration and Conciliation Act in C.M.P.No.135/2026, which is pending. By way of the present writ petition, that the petitioner is seeking for an order restraining the bank from allowing the other partners, namely, respondent Nos.4 to 17 from operating the current account maintained with respondent No.1-Bank and consequently, prohibiting respondent Nos.4 to 17 from operating the bank accounts related to fixed deposits standing in the name of the partnership firm until the partnership firm is formally and legally reconstituted and until further orders of this Court. 4. The above facts coupled with the prayers which have been sought for, categorically indicate that the dispute between the petitioner and respondent Nos.4 to 17 arises out of a partnership relationship between the petitioner and respondent Nos.4 to 17. The relief which has been sought for against respondent No.1 -bank is as regards the bank account operated by the partnership firm and
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HC-KAR
CNR: KAHC010533312026 NC: 2026:KHC:42658 WP No. 24240 of 2026
does not relate to any public function of respondent No.1, providing jurisdiction for this Court to exercise its powers under Article 226 and 227 of the Constitution. Hence, no grounds are made out to grant the reliefs which have been sought for. 5.
Reserving liberty to the petitioner to approach the appropriate Civil Court and/or prosecute C.M.P.No.135/2026, if an arbitrator is so appointed and to raise all the issues before the Arbitrator, petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE
PSJ List No.: 1 Sl No.: 17