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2025 DAILYLAW 13488 (KAR)

SRI. KOTESWARAN SHANMUGAM v. STATE OF KARNATAKA

WP/1284/2025 · 2025-02-20

R Devdas

body2025

Judgment text

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- 1 - NC: 2025:KHC:7633 WP No. 1284 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 1284 OF 2025 (GM-RES) BETWEEN: SRI. KOTESWARAN SHANMUGAM S/O T R SHANMUGAM AGED ABOUT 38 YEARS R/A NO. 13/1013, ROAD NO.2 GREEN HILLS COLONY NEAR SARWORNAGAR DILSUKH NAGAR HYDERABAD 50035 …PETITIONER (BY SMT. KUSUMA MADIWAL., ADVOCATE FOR SRI. PRASANNA KUMAR V., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY SECRETARY REVENUE DEPARTMENT (SPECIAL CELL) M S BUILDING, DR. B R AMBEDKAR ROAD BANGALORE 56001 2. THE COMPETENT AUTHORITY ASSISTANT COMMISSIONER APPOINTED BY THE GOVT UNDER SECTION 5 OF THE KARNATAKA PROTECTION OF INTERES T OF DEPOSITORS IN FINANCIAL ESTABLISHMENT ACT 2004 SHANTHINAGAR, BMTC BUS STOP DEPO BANGALORE 560 027 Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7633 WP No. 1284 of 2025 3. M/S TGS CONSTRUCTION PVT LTD COMPANY REGISTERED UNDER COMPANIES ACT OFFICE AT 1-142, 5TH AVENUE GROUND FLOOR. 5TH MAIN ROAD SECTOR –II, HSR LAYOTU BANGALORE 560 102 REP. BY MANAGING DIRECTOR 4. DR. MANDEEP KNUR MANAGING DIRECTOR M/S TGS CONSTRUCTION PVT LTD COMPANY REGISTERED UNDER COMPANIES ACT OFFICE AT 1-142, 5TH AVENEU GROUND FLOOR, 5TH MAIN ROAD SETOR –II, HSR LAYOUT BANGALORE 560102 5. SACHIN NAIK @ SUMANTH KUMAR DAS @ YOGESH CHOWDA DIRECTOR M/S TGS CONSTRUCTION PVT LTD COMPANY REGISTERED UNDER COMPANIES ACT OFFICE AT 1-142, 5TH AVENUE GROUND FLOOR, 5TH MAINROAD SECTOR –II, HSR LAYOUT BANGALORE 560 102 6. THE POLICE INSPECTOR MADIWALA POLICE STATION MADIWALA, BANGLAORE 560 068 7. THE ASSISTANT COMMISSIONER OF POLICE MADIWALA SUB DIVISION ADUGODI POLICE STATION 1ST FLOOR, BANGALORE 560 030 - 3 - NC: 2025:KHC:7633 WP No. 1284 of 2025 8. THE DEPUTY COMMISSIONER OF POLICE (SOUTH EAST DIVISION) BEHIND KORMANGALA POLICE STATION KORMANGALA, BANGALORE 560 090 9. THE ADDL. COMMISSIONEROF POLICE (WEST) INFANTRY ROAD POLICE COMMISSIONER OFFICE 1ST FLOOR, BANGLAORE 560 001 10. THE ADDL. COMMISSIONER OF POLICE (CENTRAL) INFANTRY ROAD, POLICE COMMISSIONER OFFICE 1ST FLOOR, BANGLAORE 560 001 11. THE COMMISSIONER OF POLICE INFANTRY ROAD, POLICE COMMISSIONER OFFICE 1ST FLOOR, BANGLAORE 560 001 12. THE SUPERINTENDENT OF POLICE CRIMINAL INVESTIGATION DEPARTMENT (CID) AND ECONOMIC OFFENCE DIVISION (COD) CARLTON HOUSE PALACE ROAD BANGALORE 560 001. 13. ENFORCEMENT DIRECTORATE BANGALORE ZONAL OFFICER REP BY JOINT DIRECTOR 3RD FLOOR, B BLOCK, SHANTHINAGAR BMTC BUS STOP DEPO BANGALORE 560 027 …RESPONDENTS (BY SRI.MOHAMMED JAFFAR SHAH., AGA FOR R1, R6 TO R12 SRI. VEERESH R BUDIHAL., ADVOCATE FOR R2 SRI. MADHUKAR DESHPANDE., ADVOCATE FOR R13) - 4 - NC: 2025:KHC:7633 WP No. 1284 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R1 AND 2 ATTACH THE MOVABLE PROPERTY of R3, 4, 5 UNDER THE SECTION 3 OF KPIDFE ACT 2004 (KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN FINANCIAL ESTABLISHMENT ACT 2004) AND ISSUE NOTIFICATION IN THIS REGARD AND CONSIDER THE CLAIM APPLICATION DATED 21/12/2020 (VIDE ANNX-G) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The petitioner is before this Court seeking a direction to respondent Nos.1 and 2 to attach the movable properties of respondents No.3, 4 and 5 under Section 3(2) of the Karnataka Interest Depositors Financial Establishment Act, 2004 (hereinafter referred to as ‘the Act’, for short). 2. The learned Counsel for the petitioner submit that the petitioner has submitted the application with the 2nd respondent for disbursal of the amount which is held for the benefit of the depositors. - 5 - NC: 2025:KHC:7633 WP No. 1284 of 2025 3. The learned Counsel for the respondent No.2, the Competent Authority submits that the movable properties belonging to the respondents No.3, 4 and 5 have been attached under Section 3(2) of the Act, 2004. He further submits that if the petitioner furnishes the list of movable and immovable properties belonging to the said respondents, the said application will be considered in accordance with the provisions of the Act, and an appropriate orders will be passed under Section 3(2) of the Act. 4. Consequently, the writ petition stands disposed of while directing respondent No.2 to consider the claim application, if submitted by the petitioner and pass an appropriate order, in accordance with law, as expeditiously as possible and at any rate within a period of two months from the date of receipt of certified copy of this order. Ordered accordingly. Sd/- (R DEVDAS) JUDGE DL CT: JL