- 1 - HC-KAR NC: 2025:KHC:23761 WP No. 30578 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 30578 OF 2014 (GM-RES) BETWEEN: IL&FS TRANSPORTATION NETWORKS LIMITED THE IL&FS FINANCIAL CENTRE PLOT C-22, G BLOCK, BANDRA KURLA COMPLEX, MUMBAI – 400 051 REPD BY ITS AUTHORISED SIGNATORY MR.HARSH MALTHOTRA …PETITIONER (BY SMT. MEERA, SENIOR ADVOCTE FOR SMT. POORNIMA HATTI, ADVOCATE) AND: 1. GOVERNMENT OF KARNATAKA THROUGH THE PRINCIPAL SECRETARY, INFRASTRUCTURE DEVELOPMENT DEPARTMENT BANGALORE – 560 001 2. DEPUTY COMMISSIONER OF GULBARGA DISTRICT DC OFFICE, GOVERNMENT OF KARNATAKA GULBARGA, KARNATAKA 3. GULBARGA AIRPORT DEVELOPERS PRIVATE LIMITED (GADPL) H.NO 1-2-101/A/1,SRI KRISHNA COLONY NEAR RAJENDRA NAGAR, APSRTC BUS DEPOT BUDVAL HYDERABAD – 500 030 …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1 TO R2; V/O DATED 12.01.2015 NOTICE TO R3 H/S) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23761 WP No. 30578 of 2014 THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ;DIRECT THE R-1 HEREIN TO RETURN THE RS.9,69,00,000/- [RUPEES NINE CRORES SIXTY NINE LAKHS ONLY RECEIVED UNDER THE BANK GUARANTEE BEARING BG NO.0284101LPER0042 ALONG WITH INTEREST ON THE SUM IN QUESTION IS THE BANK GUARANTEE VIDE ANN-D AND ETC. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: a) “Issue a writ, direction or order in the nature of mandamus directing the Respondent No.1 herein to return the Rs.9,69,00,000/- (RUPEES NINE CRORES SIXTY NINE LAKHS only) received under the bank GUARANTEE BEARING BG NO.0284101LPER0042 along with interest on the sum. The Bank Guarantee is produced as Annexure-‘D’. b) Issue an order directing the Respondent No.1 to pay costs to the Petitioner for expenses incurred as a result of the wrongful invocation of Bank Guarantee and the present petition. c) Pass such further or other or orders as this Hon’ble court may deem fir and proper in the facts and circumstance of the case.” - 3 - HC-KAR NC: 2025:KHC:23761 WP No. 30578 of 2014 2. Essentially, this writ petition has been filed for recovery of a sum of Rs.9,69,00,000/- from respondent No.1. 1. Considering that the matter had been pending for the last 12 years, learned counsel for the petitioner and learned AGA were directed to file their respective memo of calculations to ascertain, if there is any admitted amount liable to be paid. 2. Learned AGA has filed a memo of calculation towards which statement of objections has been filed by the petitioner. 3. In the statement of objections filed by the petitioner, the petitioner has denied the memo of calculation submitted by the learned AGA and he has claimed that the details that have been furnished are all false and improper and no such adjustments or amounts are to be made. - 4 - HC-KAR NC: 2025:KHC:23761 WP No. 30578 of 2014 4. In that view of the matter, it is clear that there is no admitted amount which can be said to be due and payable by the respondent No.1 to the petitioner, the claim of the petitioner is required to be established before the competent Forum by leading cogent evidence in support thereof. 5. All these being disputed questions of fact, more particularly, the issue being the recovery of money, a writ Court would not be competent to decide such disputed questions of fact. 6. In that view of the matter, I pass the following: ORDER a) The writ petition is dismissed, reserving liberty to the petitioner to approach the competent Forum. b) It is made clear that this Court has not expressed any opinion on the merits of the matter. - 5 - HC-KAR NC: 2025:KHC:23761 WP No. 30578 of 2014 c) All questions are left open and would be decided by the Court of competent jurisdiction. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 1 Sl No.: 0