BENGALURU: The high court on Sunday directed the Bengaluru police not to take any precipitate action against Phoenix Mall of Asia on Ballari Road in terms of the order issued on December 30, 2023 restricting public access to the latter from December 31 to January 15, till the matter is resolved amicably or any order is passed by the court.
Vacation judge Justice MBS Kamal passed the order, after hearing senior advocate Dhyan Chinnappa who appeared for the petitioner, advocate general Shashikiran Shetty and additional advocate general Vikram Huilgol, who appeared for the government/city police.
The matter was taken up for an urgent hearing in the petition filed by Sparkle One Mall Developers Pvt Ltd, Mumbai, the owners of Phoenix Mall of Asia, which commenced operation from October 27, 2023.
The petitioners had challenged the December 30, 2023 order passed by the commissioner of police and Additional District Magistrate, Bengaluru, in exercise of powers under Section 144 of CrPC by which the petitioner was directed to “restrict public access”.
Dhyan Chinnappa submitted that the impugned order in the first place is unsustainable as the same does not meet the requirement and parameters of ingredients of Section 144 of the CrPC. On the other hand, Shashikiran Shetty clarified that the order in no terms would indicate closing down the business in its entirety as it only directs the petitioner to “restrict the public access” which cannot be read under any circumstances to mean ‘prohibit’. “It is for the petitioner to find its ways and means to implement the order,” he added.
Vacation judge Justice MBS Kamal passed the order, after hearing senior advocate Dhyan Chinnappa who appeared for the petitioner, advocate general Shashikiran Shetty and additional advocate general Vikram Huilgol, who appeared for the government/city police.
The matter was taken up for an urgent hearing in the petition filed by Sparkle One Mall Developers Pvt Ltd, Mumbai, the owners of Phoenix Mall of Asia, which commenced operation from October 27, 2023.
The petitioners had challenged the December 30, 2023 order passed by the commissioner of police and Additional District Magistrate, Bengaluru, in exercise of powers under Section 144 of CrPC by which the petitioner was directed to “restrict public access”.
Dhyan Chinnappa submitted that the impugned order in the first place is unsustainable as the same does not meet the requirement and parameters of ingredients of Section 144 of the CrPC. On the other hand, Shashikiran Shetty clarified that the order in no terms would indicate closing down the business in its entirety as it only directs the petitioner to “restrict the public access” which cannot be read under any circumstances to mean ‘prohibit’. “It is for the petitioner to find its ways and means to implement the order,” he added.