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2025 DAILYLAW 19255 (KAR)

MR EDAGOTTI VENKATESH v. EMPLOYEE STATE INSURANCE CORPORATION

WP/7314/2025 · 2025-07-02

S Sunil Dutt Yadav

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:23630 WP No. 7314 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 7314 OF 2025 (GM-RES) BETWEEN: 1. MR EDAGOTTI VENKATESH PROPRIETOR OF M/S MAXWORTH REALTY VENTURES SON OF SRI EDAGOTTI SIDDAPPA AGED ABOUT 43 YEARS RESIDING AT NO.101, NEXT TO SWAPNA APARTMENT SWATHANTHRA NAGAR MAIN ROAD AYYAPPANAGAR, KRISHNARAJAPURAM BANGALORE-560036. …PETITIONER (BY SRI. NISHAN G K., ADVOCATE) AND: 1. EMPLOYEE STATE INSURANCE CORPORATION OFFICE OF THE RECOVERY OFFICER, REGIONAL OFFICE, KARNATAKA, NO.10 BINNYFIELDS, BINNYPET, BENGALURU-560023 REPRESENTED BY THE RECOVERY OFFICER. 2. HDFC BANK RACE COURSE ROAD BRANCH GROUND FLOOR, AHUJA CHAMBERS NO.1 KUMARAPARK ROAD, OPP. RACE COURSE BANGALORE-560001 REPRESENTED BY THE BANK BRANCH MANAGER. …RESPONDENTS (BY SRI. KUMAR M N., ADVOCATE FOR R1; SRI. PATIL J M, ADVOCATE FOR R2 (VK NOT FILED)) Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23630 WP No. 7314 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GARNISHEE ORDER DTD 06.02.2025 BEARING NO. KAR.CP/53000294800001099 PASSED BY R-1 (ANNX-A). THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner has sought for issuance of writ of certiorari to set aside the Garnishee Order at Annexure-'A' dated 06.02.2025. 2. It is the case of the petitioner that the Garnishee Order issued is as regards M/s.Maxwroth Reality India Ltd., It is further submitted that the Bank Account with respect to Garnishee Order passed is 'HDFC Bank, Race Course Road Branch. A/c. 50200050973521. 3. It is specifically asserted that the entity M/s.Maxworth Reality India Ltd., bearing PAN Nos.AAFCM4908F and AOQPK0896L is an entity with respect to which the petitioner has no direct or indirect - 3 - HC-KAR NC: 2025:KHC:23630 WP No. 7314 of 2025 relationship. It is submitted that the petitioner is a Proprietorship entity, viz., M/s. Maxworth Realty Ventures. 4. Learned counsel appearing for the respondent Bank has filed a memo alongwith copy of the document of the Bank dated 18.06.2025 and submits that the implementation of Garnishee Order was revoked. 5. In light of the assertion of petitioner as noticed, which has not been controverted by respondent No.2, the Garnishee Order at Annexure - 'A' dated 06.02.2025 is set aside, while reserving liberty to respondent No.2 to take appropriate steps against the appropriate entity for its dues and not against the petitioner. Accordingly, the petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR