Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8787 WP No. 3593 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 3593 OF 2025 (GM-RES) BETWEEN:
UNION BANK OF INDIA A BODY CORPORATE CONSTITUTED UNDER THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT HAVING ITS CENTRAL OFFICE AT NO.239 VIDHAN BHAWAN MARG, NARIMAN POINT MUMBAI 400 021, MAHARASHTRA REGIONAL OFFICE SITUATED AT NO.10/A, CHANDRA KIRAN, FIRST FLOOR, BANGALORE 560 001 REPRESENTED BY ITS REGIONAL HEAD J MAHESHA. …PETITIONER (BY SRI. KIRAN S. JAVALI, SENIOR ADVOCATE FOR SRI. V.B. RAVI SHANKAR, ADVOCATE) AND:
1.
STATE OF KARNATAKA BY THE HIGH GROUNDS POLICE STATION NOW INVESTIGATED BY S.I.T. C.I.D. (F.I.U.) SQUAD BANGALORE REPRESENTED BY SPECIAL PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
AT BANGALORE.
2.
KARNATAKA MAHARSHI VALMIKI SCHEDULED TRIBES DEVELOPMENT CORPORATION LIMITED,
REPRESENTED BY A RAJASHEKAR,
GENERAL MANAGER AT NO.10, 3RD FLOOR,
KHADI BHAVAN, JASMA DEVI BHAVAN ROAD BANGALORE - 560 062. …RESPONDENTS
(BY SRI. JAGADEESHA B.N., SPECIAL COUNSEL FOR R-1;
SRI. ADITYA BHAT, ADVOCATE FOR R-2)
Digitally signed by LEELAVATHI S R Location: High Court of Karnataka
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NC: 2025:KHC:8787 WP No. 3593 of 2025
THIS W.P. IS FILED UNDER ARTICLE 226 READ WITH 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMUNICATION DTD. 06.06.2024 ISSUED BY THE R-1 VIDE ANNX-Q AS NULL AND VOID, ILLEGAL AND NOT BINDING ON THE PETITIONERS.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, the petitioner seeks the following reliefs:
“(a) Issue, writ in the nature of certiorari and quash the communication dated 06.06.2024 issued by the respondent No.1 vide Annexure-Q As null and void, illegal and not binding on the petitioners. (b) Consequently, issue writ in the nature of certiorari and quash the order passed by the XXIII Additional City Civil and Sessions Judge, Special Judge, Bangalore City in Crl.Mis.No.8721/2024 vide Annexure-R. (c) Grant such other relief/s this Hon’ble Court deems fit in the facts and circumstances of the aforesaid matter.”
2. Heard learned Senior counsel for the petitioner, learned special counsel for respondent No.1 and learned counsel for respondent No.2 and perused the material on record.
3. The limited grievance of the petitioner-Bank in the present petition as contended by the learned Senior counsel for the
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NC: 2025:KHC:8787 WP No. 3593 of 2025
petitioner is that the impugned Communication at Annexure-Q dated 06.06.2024 passed by respondent No.1-Police freezing the account of respondent No.2 in the petitioner-Bank and the subsequent order at Annexure-R dated 19.11.2024 passed by the Trial Court defreezing the account at the instance of respondent No.2 would come in the way of the petitioner taking appropriate steps in accordance with law, against respondent No.2 for recovery of the amounts claimed by them and the present petition may be
disposed off accordingly.
4. Per contra, learned Special counsel counsel for respondent No.1 and learned counsel for respondent No.2 submit that there is no merit in the petition and that the same is liable to be dismissed.
5. Though several contentions have been urged by both sides in support of their respective claims, suffice it to state that the impugned Communication and the impugned order at Annexures-Q and R, respectively, would not come in the way or act as an impediment for the petitioner-Bank to take necessary steps to recover the alleged monies due by respondent No.2 to the petitioner-Bank, in accordance with law.
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NC: 2025:KHC:8787 WP No. 3593 of 2025
6. In addition thereto, the petitioner-Bank is directed to give effect to and implement the impugned order at Annexure-R dated 19.11.2024 and defreeze the account of respondent No.2 immediately, without any further delay. It is made clear that the defreezing of the account of the petitioner-Bank will not come in the way of the petitioner-Bank taking appropriate steps for recovery of money due from respondent No.2, in accordance with law.
7. Subject to the aforesaid observations and directions, the petition stands disposed of.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
BMC List No.: 4 Sl No.: 31