- 1 - NC: 2025:KHC:7865 WP No. 29046 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 29046 OF 2024 (GM-RES) BETWEEN: AKSHAY FOOD PARK LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO.1091, 3RD FLOOR, SAMPANNAPPA DIAMOND COMPLEX, OTC ROAD, BENGALURU - 560 002. ALSO AT NO.58/59, KARISHMA FARMS, GUBBALALA, SUBRAMANYAPURA POST, KANAKAPURA ROAD, BENGALURU - 560 061. REPRESENTED BY ITS MANAGING DIRECTOR, SRI. M. NARAYANA SWAMY S/O LATE SRI. B. MUNIYAPPA, AFPL.HIRIYUR@GMAIL.COM 9448497402. …PETITIONER (BY SRI. RAJESHWARA P.N, ADVOCATE) AND: 1. UNION OF INDIA, REPRESENTED BY ITS PRINCIPAL SECRETARY MINISTRY OF FOOD INDUSTRIES (MOFPI), PANCHSHEEL BHAWAN, AUGUST KRANTI MARG, KHELGAON, NEW DELHI - 110 049. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7865 WP No. 29046 of 2024 2. STATE OF KARNATAKA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, AGRICULTURE DEPARTMENT, 2ND FLOOR, MS BUILDING, BENGALURU - 560 001. 3. THE COMMISSIONER, DEPARTMENT OF AGRICULTURE, SESHADRI ROAD, NEAR KR CIRCLE, OPPOSITE SJP COLLEGE, BENGALURU - 560 009. 4. THE SPECIAL SECRETARY DEPARTMENT OF FOOD PROCESSING AND HARVEST TECHNOLOGY, GOVERNMENT OF KARNATAKA, 4TH FLOOR, 5TH GATE, M.S. BUILDING, BENGALURU - 560 001. 5. FOOD KARNATAKA LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO.17, GENERAL K S THIMAYYA ROAD, (RICHMOND ROAD), BENGALURU 560 025, REP. BY ITS MANAGING DIRECTOR. 6. KARNATAKA AGRICULTURE PRODUCE PROCESSING AND EXPORT CORPORATION LIMITED (KAPPEC), A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO.17, GENERAL K.S. THIMAYYA ROAD, (RICHMOND ROAD), BENGALURU - 560 025, - 3 - NC: 2025:KHC:7865 WP No. 29046 of 2024 REPRESENTED BY ITS MANAGING DIRECTOR. 7. STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, COMMERCE AND INDUSTRIES DEPARTMENT, VIKASA SOUDHA, BENGALURU - 560 001. 8. THE COMMISSIONER FOR ID AND DIRECTOR FOR I AND C, DEPARTMENT OF INDUSTRIES COMMERCE, NO. 49, KHANIJA BHAVAN, SOUTH WING, RACE COURSE ROAD, BENGALURU - 560 001. 9. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO. 49, 4TH AND 1ST FLOORS, EAST WING, KHANIJ BHAVAN RACE COURSE ROAD, BENGALURU - 560 001, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER. 10. STATE OF KARNATAKA, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY DEPARTMENT OF FINANCE, ROOM NO. 255, VIDHANA SOUDHA, AMBEDKAR BHEEDHI, SAMPANGI RAMA NAGARA, BENGALURU - 560 001. 11. NATIONAL BANK FOR AGRICULTURE AND RURAL DEVELOPMENT, (NABARD) AND NABARD CONSULTANCY SERVICES (NABCONS), REGIONAL OFFICE, 46, NABARD TOWERS, KEMPEGOWDA ROAD, KARNATAKA. BENGALURU - 560 009. REPRESENTED BY ITS REGIONAL OFFICER. - 4 - NC: 2025:KHC:7865 WP No. 29046 of 2024 12. KARNATAKA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION KSIIDC , A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT 4TH FLOOR, KHANIJA BHAVAN, 49, RACE COURSE ROAD, EAST WING, BENGALURU - 560 001, REPRESENTED BY ITS MANAGING DIRECTOR. …RESPONDENTS (BY SRI. H. SHANTHI BHUSHAN, DSGI FOR R1; SRI. SHAMANTH NAIK, HCGP FOR R2 TO R4, R7, R8 AND R10; SMT. SUKRUTA R, ADVOCATE FOR R5 AND R6; SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R9; SRI. T.P. VIVEKANANDA, ADVOCATE FOR R12; R11 SERVED - UNREPRESENTED) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO ACT UPON THE DIRECTIONS CONTAINED IN THE MINUTES OF THE HIGH LEVEL COMMITTEE MEETING DATED 29.01.2020 AT ANNEXURE-A READ WITH THE RECOMMENDATIONS OF 11TH RESPONDENT AS PER ANNEXURE-B STUDY OF STATE SPON BORED FOOD PARKS KARNATAKA IMPACT ASSESSMENT REPORT 2023-24 BY NABCONS AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned counsel for respondent No.5 submits that the petitioner has filed this writ petition seeking a prayer interalia to set aside the Commercial suit in Commercial - 5 - NC: 2025:KHC:7865 WP No. 29046 of 2024 O.S.No.504/2023 filed at the hands of respondent No.5 seeking recovery of the loan amount at the hands of the petitioner. Learned counsel submits that such a petition seeking to set aside a Commercial suit would not be maintainable under Articles 226 or 227 of the constitution of India. The avenue open for the petitioner would be to contest the matter or file necessary application seeking rejection of the plaint or any other relief which is permissible in accordance with law. In the guise of seeking implementation of certain directions issued by the State Government, the petitioner has filed this writ petition and interim orders of stay have been passed by this Court. 2. Learned counsel for the petitioner, on the other hand seeks to contend that the State Government has itself directed respondent No.5 not to pressurize the petitioner in the matter of recovery of the amounts. It is also submitted that respondent No.5 has been incorporated at the instance of the State Government only - 6 - NC: 2025:KHC:7865 WP No. 29046 of 2024 to facilitate the development of food parks in the State of Karnataka. 3. Having heard the learned counsel for the petitioner, learned counsel for respondent No.5 and on perusing the petition papers, this Court finds that amongst various other prayers, the petitioner is seeking to set aside the Commercial suit filed at the hands of respondent No.5. This Court also passed an interim order on 28.10.2024 that till appearance of the respondents, the trial Court shall not pronounce the judgment in Commercial O.S.No.504/2023. Having regard to the established position of law that if a suit is filed by a party against another, the only avenue open for the defendant would be to contest the matter or file necessary application to have the plaint rejected or get the suit dismissed in accordance with law. In the guise of trying to point out that the State Government has assured the petitioner of financial assistance, the petitioner cannot make such a prayer to quash a suit proceedings. - 7 - NC: 2025:KHC:7865 WP No. 29046 of 2024 4. Having regard to the findings of this Court hereinabove, this Court is of the considered opinion that the present writ petition, insofar as the prayer made in the writ petition to set aside the commercial suit in O.S.No.504/2023 filed at the hands of respondent No.5, cannot be granted. Insofar as the other prayers are concerned, the petitioner is permitted to make representation before respondent No.2-State Government to redress its grievance insofar as the grant of financial assistance to the petitioner. 5. Consequently, the writ petition stands dismissed. If such representation is made, the state Government or any competent authority shall consider the same in accordance with law. In view of the disposal of the main matter, all pending IAs are disposed of. Sd/- (R DEVDAS) JUDGE rv, Sl No.: 14 CT: BHK