Karnataka High Court
Indiranagar Sports Private Limited vs Smt M Susheelamma on 30 June, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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WP No. 18194 of 2024
HC-KAR
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)
Digitally signed
by NAGAVENI AND:
Location: High
Court of
Karnataka 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,
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HC-KAR
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:
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WP No. 18194 of 2024
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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
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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
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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,
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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
