Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:7636 WP No. 35703 of 2024
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. 35703 OF 2024 (GM-RES)
BETWEEN:
SMT.R. CHANDRA KALA W/O SOUNDAR RAJAN AGED ABOUT 47 YEARS R/A NO 946, 35TH MAIN ROAD, 12TH CROSS, J P NAGR 6TH PHASE BANGALORE - 560078 …PETITIONER (BY SMT. KUSUMA MADIWAL., ADVOCATE FOR SRI. PRASANNA KUMAR V., ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT (SPECIAL CELL) M S BUILDINGS DR B R AMBEDKAR ROAD, BENGALURU - 560001
2. THE COMPETENT AUTHORITY / ASSISTANT COMMISSIONER APPOINTED BY THE GOVT UNDER SECTION 5 OF THE KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN FINANCIAL ESTABLISHMENT ACT 2004 SHANTHINAGAR, BMTC BUS STOP DEPOT BANGALORE- 560027
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:7636 WP No. 35703 of 2024
3. M/S TGS CONSTRUCTION PVT LTD COMPANY REGISTERED UNDER THE COMPANIES ACT, OFFICE AT 1-142 5TH AVENUE GROUND FLOOR, 5TH MAIN ROAD, SECTOR – II, HSR LAYOUT, BANGALORE - 560102 REP. BY ITS MANAGING DIRECTOR
4. DR ANDIP KNUR MANAGING DIRECTOR M/S TGS CONSTRUCTION PVT LTD COMPANY REGISTERED UNDER THE COMPANIES ACT, OFFICE AT 1-142 5TH AVENUE GROUND FLOOR, 5TH MAIN ROAD, SECTOR – II, HSR LAYOUT, BANGALORE - 560102
5. SACHIN NAIK @ SUMANTH KUMAR DAS @ YOGESH CHOWDA DIRECTOR M/S TGS CONSTRUCTION PVT LTD COMPANY REGISTERED UNDER THE COMPANIES ACT, OFFICE AT 1-142, 5TH AVENUE GROUND FLOOR, 5TH MAIN ROAD, SECTOR – II, HSR LAYOUT, BANGALORE - 560102
6. THE POLICE INSPECTOR MADIWALA POLICE STATION MADIWALA BANGALORE - 560068
7. THE ASSISTANT COMMISSIONER MADIWALA SUB DIVISION
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NC: 2025:KHC:7636 WP No. 35703 of 2024
ADUGODI POLICE STATION 1ST FLOOR BANGALORE – 560030
8. THE DEPUTY COMMISSIONER OF POLICE (SOUTH EAST DIVISION ) BEHIND KORAMANGALA POLICE STATION KORAMANGALA BANGALORE - 560090
9. THE ADDITIONAL COMMISSIONER OF POLICE (WEST) INFANTRY ROAD, POLICE COMMISSIONER OFFICE-1ST FLOOR, BANGALORE-560001
10. THE ADDITIONAL COMMISSIONER OF POLICE (CENTRAL), INFANTRY ROAD, POLICE COMMISSIONER, OFFICE- ST FLOOR, BANGALORE-560001
11. THE COMMISSIONER OF POLICE INFANTRY ROAD, POLICE COMMISSIONER 1ST FLOOR, BANGALORE - 560001
12. THE SUPERINTENDENT OF POLICE CRIMINAL INVESTIGATION DEPARTMENT CID AND ECONOMIC OFFENCE DIVISION COD CARLTON HOUSE PALACE ROAD, BANGALORE - 560001
13.
ENFORCEMENT DIRECTORATE SHANTHINAGAR, BMTC BUS STOP DEPOT BANGALORE-560027 …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)
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NC: 2025:KHC:7636 WP No. 35703 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R1 AND R2 TO ATTACH THE MOVABLE PROPERTY OF RESPONDENT NOS.3, 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 30/11/2016 (VIDE ANNEXURE-J AND K AND ETC. THIS WRIT 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:7636 WP No. 35703 of 2024
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