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Karnataka High Court
M/S. Taj Palace vs Ms. Shazia Fathima Ahmed @ Shazia Ahmed on 12 January, 2026
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NC: 2026:KHC:1603-DB
COMAP No. 537 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JANUARY, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
COMMERCIAL APPEAL NO. 537 OF 2025
BETWEEN:
1. M/S. TAJ PALACE
BEING A PARTNERSHIP FIRM
HAVING ITS PLACE OF BUSINESS
AT PROPERTY BEARING MUNICIPAL
NO. 66/1 (OLD NO. 22) WITH
PID NO. 91-66-66/1 and
MUNICIPAL NO. 67 (OLD NO 22/1)
WITH PID NO.91-96-97
MILLERS ROAD, BENSON TOWN,
CORPORATION WARD NO. 91, '
Digitally BENGALURU 560 042
signed by BY ITS PARTNER
NIRMALA MR.GHANI HANAF
DEVI
Location: 2. MR. GHANI HANEEF
High Court PARTNER, M/S TAJ PALACE
of Karnataka HAVING HIS OFFICE AT PROPERTY
BEARING MUNCIPAL NO. 66/1
(OLD NO.22) WITH PID NO. 91-66-66/1
AND MUNICIPAL NO. 67 (OLD NO. 22/1)
WITH PID NO. 91-96-67,
MILLERS ROAD, BENSON TOWN
CORPORATION WARD NO. 91,
BENGALURU-560 046
ADMN OFFICE 5/2 MAIN GUARD
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COMAP No. 537 of 2025
HC-KAR
CROSS ROAD, BENGALURU-560 001
3. MR. ZAMEEN AHMED S.S.
PARTNER OF M/S TAJ PALACE AND
PROPERTY OF M/S CAR MART,
HAVING HIS OFFICE AT: PROPERTY
BEARING MUNICIPAL No.66/1
(OLD No.22) WITH PID NO. 91-66-66/1
AND MUNICIPAL NO. 67 (OLD NO 22/1)
WITH PID No.91-96-97,
MILLERS ROAD, BENSON TOWN
CORPORATION WARD NO. 91,
BENGALURU-560 042
...APPELLANTS
(BY SRI. M.D.RAGHUNATH.,ADVOCATE NOS.1 & 2
SRI. B.S. SATYANAND., ADVOCATE FOR A3)
AND:
1. MS. SHAZIA FATHIMA AHMED
@ SHAZIA AHMED
D/O LATE SALEEM AHMED
AGED ABOUT 44 YEARS
R/AT B1, FIRST FLOOR,
REGENCY HAMSA APARTMENTS
NO. 1 LLOYD ROAD, BALAJI LAYOUT
COOKE TOWN, BENGALURU 560 005
2. MRS. TASNEEM FATHIMA
@TASNEEM FATHIMA MAGRABI
@TASNEEM FATHIMA AHMED
AGED ABOUT 59 YEARS
D/O LATE SALEEM AHMED
R/AT NO. C-401, SPARTAN HEIGHTS
RICHMOND ROAD, BENGALURU-560 025
3. MR. MOHAMMED AMAAN SHAHBAAZ
AGED ABOUT 26 YEARS
S/O MOIN AHMED SHAHBAZ
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COMAP No. 537 of 2025
HC-KAR
R/AT NO. 22, BAYSIDE,
8 CHIMBAI ROAD BANDRA WEST,
MUMBAI-400 050
4. MR ALI ADNAN SHAHBAAZ
AGED ABOUT 29 YEARS
S/O MOIN AHMED SHABAZ
R/AT NO. 26, SATURDAY BRIDGE
GAS STREET, BIRMINGHAM B1 2JX
UNITED KINGDOM
RESPONDENTS 1,3 & 4 BEING HEREIN
BY THEIR CONSTITUTED ATTORNEY
MRS. TASNEEM FATHIMA @ TASNEEM FATHIMA
MAGRABI @ TASNEEM FATHIMA AHMED.
D/O LATE SALEEM AHMED,
R/AT NO. C-401, SPARTAN HEIGHTS
RICHMOND ROAD,
BENGALURU-560 025
...RESPONDENTS
(BY SMT. NAYANATARA B.G., ADVOCATE &
MS. VIDYA PAI, ADVOCATE FOR C/R1 & R2)
THIS COMAP IS FILED UNDER SECTION 13(1-A) OF
COMMERCIAL COURTS ACT, PRAYING TO SET ASIDE THE
JUDGMENT AND DECREE PASSED BY THE LXXXV
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU,
CCH 86 IN COM.OS NO.299/2023 DATED 21.08.2025.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MR. JUSTICE C.M. POONACHA
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COMAP No. 537 of 2025
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The learned counsel for the appellants has handed over
the keys to the demised premises to the learned counsel for the
respondents.
2. In view of the above, the possession of the premises in
question is deemed to have been handed over and taken over
by the respondents today.
3. The only question that remains to be addressed is with
regard to the monetary adjustments on account of mesne profits
and other dues.
4. The learned counsel for the appellants states that the
appellants would be satisfied if all the dues [other than payments
to utilities] are closed with the adjustment of the security deposit
already lying with the respondents.
5. The learned counsel for the respondents states on
instructions that the respondents are agreeable for the same.
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HC-KAR
6. In view of the above, the dispute between the parties is
now closed. The respondents are not required to pay any
amount of the security deposit to the appellants and are entitled
to adjust the same as full and final settlement of the dues other
than utilities payable by the appellants.
7. The learned counsel for the appellants states that the
appellants will ensure that all electricity and water charges are
duly paid upto date. In the event, there are any bills that are
outstanding, a copy of the same would be furnished to the
appellants [and their counsel] and the same would be
discharged within a period of two weeks from the date the bills
are handed over. The appellants are bound down to the
statement that the said bills would be paid within the said period.
8. In the event the said bills are not paid, the respondents are
at liberty to initiate appropriate proceedings for recovery of the
said dues. They would also be entitled to initiate proceedings for
Contempt of Court.
9. The appeal is disposed of with above observations.
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HC-KAR
10. Pending IAs., if any, also stand disposed of.
Sd/-
(VIBHU BAKHRU)
CHIEF JUSTICE
Sd/-
(C.M. POONACHA)
JUDGE
VMB
List No.: 2 Sl No.: 13
