Back
WP No. 6850 of 2024 WP No. 7216 of 2024 WP No. 7302 of 2024 WP No. 7362 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2024 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION No. 7167 OF 2024 (GM-CPC)
C/W WRIT PETITION No. 6750 OF 2024(GM-CPC) WRIT PETITION No. 6850 OF 2024(GM-CPC) WRIT PETITION No. 7216 OF 2024(GM-CPC) WRIT PETITION No. 7302 OF 2024(GM-CPC) WRIT PETITION No. 7362 OF 2024(GM-CPC)
IN W.P No.7167/2024:
BETWEEN:
SMT. NISHAT SULTAN W/O SUHAIL KHAN AGED 42 YEARS RESIDING AT No. 8/10 6TH CROSS, H M ROAD Digitally signed by LINGARAJUPURA LAKSHMINARAYANA BENGALURU – 560 084.
MURTHY RAJASHRI Location: HIGH COURT OF AND ALSO AT:
KARNATAKA SHOP No.19, 24 AND 29 ’KRUPASHRI’, OLD No.14 QUADRANT ROAD, NEW No. 23 THYAGI DORESWAMY ROAD SHIVAJINAGAR BENGALURU – 560 051.
…PETITIONER (BY SRI RAJENDRA M A, ADVOCATE)
WP No. 6850 of 2024 WP No. 7216 of 2024 WP No. 7302 of 2024 WP No. 7362 of 2024 AND:
1. DR. GIRISH K NASHI S/O LATE K G NASHI AGED ABOUT 64 YEARS.
2. R SHARMILA W/O GIRISH K NASHI AGED ABOUT 55 YEARS. 3. AMARESH G NASHI S/O GIRISH K NASHI AGED ABOUT 32 YEARS.
4. ADESH G NASHI S/O GIRISH K NASHI AGED ABOUT 28 YEARS.
ALL ARE RESIDING AT No. 76, N.N FARM ROAD SANJAYNAGAR BENGALURU – 560 094.
…RESPONDENTS (BY SRI V LAKSHMI NARAYAN, SENIOR ADVOCATE FOR SRI K N MAHABALESHWARA RAO, ADVOCATE FOR C/R1-R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA WITH A PRAYER TO SET ASIDE THE ORDER DATED 06.04.2023 PASSED BY THE TRIAL COURT AS PER THE ANNX-K IN SO FAR AS THE PETITIONER CONCERNED AND AS A CONSEQUENTIAL RELIEF TO STAY THE OPERATIONS OF THE ORDER DATED: 05.01.2024 ANNX-M FOR ATTACHING THE RENTS /
CLAIMING ARREARS OF RENT DISPOSSESSION ETC.
IN W.P No. 6750/2024:
BETWEEN:
SRI JATIN SETH S/O SHANTILAL SETH WP No. 6850 of 2024 WP No. 7216 of 2024 WP No. 7302 of 2024 WP No. 7362 of 2024 AGED 46 YEARS RESIDING AT No.154 CHIKBAZR MAIN ROAD (NEAR SRIRAJ LASSI BAR) HKP ROAD, SHIVAJINAGAR BENGALURU – 560 051.
AND ALSO AT:
SHOP No.17 AND 26 ’KRUPASHRI’, OLD No.14 QUADRANT ROAD, NEW No. 23 THYAGI DORESWAMY ROAD SHIVAJINAGAR BENGALURU – 560 051.
…PETITIONER (BY SRI RAJENDRA M A, ADVOCATE)
AND:
1. DR. GIRISH K NASHI S/O LATE K G NASHI AGED ABOUT 64 YEARS.
2. R SHARMILA W/O GIRISH K NASHI AGED ABOUT 55 YEARS. 3. AMARESH G NASHI S/O GIRISH K NASHI AGED ABOUT 32 YEARS.
4. ADESH G NASHI S/O GIRISH K NASHI AGED ABOUT 28 YEARS.
ALL ARE RESIDING AT No. 76, N.N FARM ROAD SANJAYNAGAR BENGALURU – 560 094.
…RESPONDENTS (BY SRI V LAKSHMI NARAYAN, SENIOR ADVOCATE FOR WP No. 6850 of 2024 WP No. 7216 of 2024 WP No. 7302 of 2024 WP No. 7362 of 2024 SRI K N MAHABALESHWARA RAO, ADVOCATE FOR C/R1-R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA WITH A PRAYER TO SET ASIDE THE ORDER DATED 06.04.2023 PASSED BY THE TRIAL COURT AS PER THE ANNX-K IN SO FAR AS THE PETITIONER CONCERNED AND AS A CONSEQUENTIAL RELIEF TO STAY THE OPERATIONS OF THE ORDER DATED: 05.01.2024 ANNX-M FOR ATTACHING THE RENTS /
CLAIMING ARREARS OF RENT DISPOSSESSION ETC.
IN W.P No.6850/2024:
BETWEEN:
1. SRI C M FAYAZ S/O ABDUL AGED 62 YEARS.
2. SMT. NOOR JAN W/O C M FAYAZ AGED: MAJOR BOTH ARE RESIDING AT No.46 DHARMARAJ TEMPLE ROAD SHIVAJINAGAR BENGALURU – 560 051.
AND ALSO AT:
SHOP No.20 ’KRUPASHRI’, OLD No.14 QUADRANT ROAD, NEW No. 23 THYAGI DORESWAMY ROAD SHIVAJINAGAR BENGALURU – 560 051.
….PETITIONERS (BY SRI RAJENDRA M A, ADVOCATE)
AND:
1. DR. GIRISH K NASHI S/O LATE K G NASHI AGED ABOUT 64 YEARS.
WP No. 6850 of 2024 WP No. 7216 of 2024 WP No. 7302 of 2024 WP No. 7362 of 2024
2. R SHARMILA W/O GIRISH K NASHI AGED ABOUT 55 YEARS. 3. AMARESH G NASHI S/O GIRISH K NASHI AGED ABOUT 32 YEARS.
4. ADESH G NASHI S/O GIRISH K NASHI AGED ABOUT 28 YEARS.
ALL ARE RESIDING AT No. 76, N.N FARM ROAD SANJAYNAGAR BENGALURU – 560 094.
…RESPONDENTS (BY SRI V LAKSHMI NARAYAN, SENIOR ADVOCATE FOR SRI K N MAHABALESHWARA RAO, ADVOCATE FOR C/R1-R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA WITH A PRAYER TO SET ASIDE THE ORDER DATED 06.04.2023 PASSED BY THE TRIAL COURT AS PER THE ANNEXURE - K IN SO FAR AS THE PETITIONER CONCERNED AND AS A CONSEQUENTIAL RELIEF TO STAY THE OPERATIONS OF THE ORDER DATED: 05.01.2024 ANNEXURE - M FOR ATTACHING THE RENTS / CLAIMING ARREARS OF RENT DISPOSSESSION ETC.
IN W.P.No.7216/2024:
BETWEEN:
SRI SYED IRFAN S/O SYED SULEMAN AGED 58 YEARS RESIDING AT No.78 D’ COSTA SQUARE, NEAR MASJID COCKS TOWN, BANGALORE NORTH BENGALURU – 560 084.
WP No. 6850 of 2024 WP No. 7216 of 2024 WP No. 7302 of 2024 WP No. 7362 of 2024 AND ALSO AT:
SHOP No.16 & 27 ’KRUPASHRI’, OLD No.14 QUADRANT ROAD, NEW No. 23 THYAGI DORESWAMY ROAD SHIVAJINAGAR BENGALURU – 560 051.
….PETITIONER (BY SRI RAJENDRA M A, ADVOCATE)
AND:
1. DR. GIRISH K NASHI S/O LATE K G NASHI AGED ABOUT 64 YEARS.
2. R SHARMILA W/O GIRISH K NASHI AGED ABOUT 55 YEARS. 3. AMARESH G NASHI S/O GIRISH K NASHI AGED ABOUT 32 YEARS.
4. ADESH G NASHI S/O GIRISH K NASHI AGED ABOUT 28 YEARS.
ALL ARE RESIDING AT No. 76, N.N FARM ROAD SANJAYNAGAR BENGALURU – 560 094.
…RESPONDENTS (BY SRI V LAKSHMI NARAYAN, SENIOR ADVOCATE FOR SRI K N MAHABALESHWARA RAO, ADVOCATE FOR C/R1-R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA WITH A PRAYER TO SET ASIDE THE ORDER DATED 06.04.2023 PASSED BY THE TRIAL COURT AS PER THE ANNEXURE - K IN SO FAR AS THE PETITIONER CONCERNED AND AS A CONSEQUENTIAL RELIEF TO STAY THE OPERATIONS OF WP No. 6850 of 2024 WP No. 7216 of 2024 WP No. 7302 of 2024 WP No. 7362 of 2024 THE ORDER DATED: 05.01.2024 ANNEXURE - M FOR ATTACHING THE RENTS / CLAIMING ARREARS OF RENT, DISPOSSESSION ETC.
IN W.P.No.7302/2024:
BETWEEN:
SRI NAWAZ KHAN S/O ABBAS KHAN AGED 52 YEARS RESIDING AT No.26
2ND CROSS, H M ROAD SULTHAN NAGAR SHIVAJINAGAR BENGALURU – 560 051.
AND ALSO AT:
SHOP No. 1 & 2 ’KRUPASHRI’, OLD No.14 QUADRANT ROAD, NEW No. 23 THYAGI DORESWAMY ROAD SHIVAJINAGAR BENGALURU – 560 051.
….PETITIONER (BY SRI RAJENDRA M A, ADVOCATE)
AND:
1. DR. GIRISH K NASHI S/O LATE K G NASHI AGED ABOUT 64 YEARS.
2. R SHARMILA W/O GIRISH K NASHI AGED ABOUT 55 YEARS. 3. AMARESH G NASHI S/O GIRISH K NASHI AGED ABOUT 32 YEARS.
4. ADESH G NASHI S/O GIRISH K NASHI WP No. 6850 of 2024 WP No. 7216 of 2024 WP No. 7302 of 2024 WP No. 7362 of 2024 AGED ABOUT 28 YEARS.
ALL ARE RESIDING AT No. 76, N.N FARM ROAD SANJAYNAGAR BENGALURU – 560 094.
…RESPONDENTS (BY SRI V LAKSHMI NARAYAN, SENIOR ADVOCATE FOR SRI K N MAHABALESHWARA RAO, ADVOCATE FOR C/R1-R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA WITH A PRAYER TO SET ASIDE THE ORDER DATED 06.04.2023 PASSED BY THE TRIAL COURT AS PER THE ANNEXURE - K IN SO FAR AS THE PETITIONER CONCERNED AND AS A CONSEQUENTIAL RELIEF TO STAY THE OPERATIONS OF THE ORDER DATED: 05.01.2024 ANNEXURE - M FOR ATTACHING THE RENTS / CLAIMING ARREARS OF RENT DISPOSSESSION ETC.
IN W.P.No.7362/2024:
BETWEEN:
SRI HABEEBA KHANAM W/O NAWAZ KHAN AGED 40 YEARS RESIDING AT No.26
2ND CROSS, H M ROAD SULTHAN NAGAR SHIVAJINAGAR BENGALURU – 560 051.
AND ALSO AT:
SHOP No.18, 25 & 28 ’KRUPASHRI’, OLD No.14 QUADRANT ROAD, NEW No. 23 THYAGI DORESWAMY ROAD SHIVAJINAGAR BENGALURU – 560 051.
….PETITIONER WP No. 6850 of 2024 WP No. 7216 of 2024 WP No. 7302 of 2024 WP No. 7362 of 2024 (BY SRI RAJENDRA M A, ADVOCATE)
AND:
1. DR. GIRISH K NASHI S/O LATE K G NASHI AGED ABOUT 64 YEARS.
2. R SHARMILA W/O GIRISH K NASHI AGED ABOUT 55 YEARS. 3. AMARESH G NASHI S/O GIRISH K NASHI AGED ABOUT 32 YEARS.
4. ADESH G NASHI S/O GIRISH K NASHI AGED ABOUT 28 YEARS.
ALL ARE RESIDING AT No. 76, N.N FARM ROAD SANJAYNAGAR BENGALURU – 560 094.
…RESPONDENTS (BY SRI V LAKSHMI NARAYAN, SENIOR ADVOCATE FOR SRI K N MAHABALESHWARA RAO, ADVOCATE FOR C/R1-R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA WITH A PRAYER TO SET ASIDE THE ORDER DATED 06.04.2023 PASSED BY THE TRIAL COURT AS PER THE ANNEXURE - K IN SO FAR AS THE PETITIONER CONCERNED AND AS A CONSEQUENTIAL RELIEF TO STAY THE OPERATIONS OF THE ORDER DATED: 05.01.2024 ANNEXURE - M FOR ATTACHING THE RENTS / CLAIMING ARREARS OF RENT DISPOSSESSION ETC.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
WP No. 6850 of 2024 WP No. 7216 of 2024 WP No. 7302 of 2024 WP No. 7362 of 2024
O R D E R
1. These petitions by the defendants in Commercial O.S. Nos. 1046/2022, 1044/2022, 1108/2022, 1043/2022, 1109/2022 and 1045/2022 against the order passed by the Commercial Court whereby the application, I.A. No. 4 filed by the petitioners – defendants under Order VII Rule 11 CPC for rejection of the plaint was rejected by the trial Court.
2. A perusal of the material on record will indicate that the respondents – landlords instituted the aforesaid suit against the petitioners – defendants for ejectment, arrears of rent and other reliefs in relation to the suit schedule immovable property. Said suit is being contested by the petitioners – defendants. In addition thereto, petitioners – defendants filed instant applications, seeking rejection of the plaint inter alia contending that the respondents – plaintiffs had availed loan from Sir M. Vishveshwaraiah Co-operative Bank and since the WP No. 6850 of 2024 WP No. 7216 of 2024 WP No. 7302 of 2024 WP No. 7362 of 2024 respondents were defaulters, said Bank had initiated proceedings for recovery including proceedings under the SARFAESI Act against the respondents. It is therefore contended that the respondents did not have locus standi to institute suit against the petitioners – defendants and it is only the Bank which had stepped into the shoes of the respondents – plaintiffs that was entitled to file and prosecute the said suit against the petitioners – defendants and consequently, the plaint was liable to be rejected.
3. The respondents – plaintiffs opposed the said application inter alia contending that for the purpose of rejection of plaint, it is only plaint averments and documents produced along with the plaint that are germane and material for consideration. It was contended that the present suit is a simple suit for ejectment and arrears of rent by respondents – land lords against the petitioners – tenants was maintainable and plaint was not WP No. 6850 of 2024 WP No. 7216 of 2024 WP No. 7302 of 2024 WP No. 7362 of 2024 liable to be rejected as sought for by the petitioners – defendants. After hearing the parties, the commercial Court proceeded to pass the impugned order rejecting I.A.
No. IV by holding as under:
ORDER ON I.A. No.IV This application under Order VII Rule 11 of CPC is filed by the defendant praying to reject the plaint.
2. In the affidavit in support of application, defendant has stated that the plaintiff had obtained loan from Sri.M.Visveswaraiah Co-operative Bank Limited and had defaulted in servicing the loan account which has resulted in account being classified as Non Performing Assets and the bank has invoked SARFAESI proceedings by issuing statutory notices i.e. Demand Notice, Possession Notice and taken steps to take physical possession under Section 14. It is stated that the BBMP has also issued notice for recovering arrears of property tax and also informed that they will seize the entire schedule property and hence WP No. 6850 of 2024 WP No. 7216 of 2024 WP No. 7302 of 2024 WP No. 7362 of 2024 lessor claiming rent as arrears of rent do not arise. It is also stated that original owner of the property has mortgaged not only lease hold rights but also offered personal guarantee and the mortgagee is having right to recover the rents directly from the occupants/lessee among whom the defendant is also one of the tenant. It is stated that SARFAESI Act mandates the secured creditor to recover the rents from the occupants and tenants. It is stated that the plaintiff has suppressed these facts and question of law in the present suit and has not appeared through authorized representatives in OS No.26477/2021 and OS No.26273/2022. It is stated that the plaintiff has also not invoked and complied the provisions of Section 12A of the Commercial Courts Act by initiating PIM. It is also stated that the plaintiffs No.1 to 3 though signed vakalathnama no authorization letter is filed for filing statement of admission and denial of documents. It is stated that for
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
