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2025 DAILYLAW 48173 (KAR)

MUTHOOT FINANCE LTD v. THE STATE OF KARNATAKA

WP/102010/2025 · 2025-09-22

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:12881 WP No. 102010 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 102010 OF 2025 (GM-POLICE) BETWEEN: MUTHOOT FINANCE LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, HEAD OFFICE AT MUTHOOT CHAMBERS, OPP. SARITHA THEATRE COMPLEX, BANERJEE ROAD, KOCHI-682018, HAVING OF ITS BRANCH AT 1ST FLOOR, AYSHA TRADE CENTRE, MAIN ROAD, BHATKALA, KARNATAKA-581320, REP. BY ITS LEGAL HEAD SRI. AJUMON P GEORGE. …PETITIONER (BY SRIYUTHS. ANISH JOSE ANTONY, NITHIN GOWDA, ADVOCATES) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE STATION HOUSE OFFICER/POLICE SUB INSPECTOR, BHATKALA SHAR POLICE STATION, SOOSGADI, BHATKALA, KARNATAKA 581320. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. DECLARE THAT THE Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12881 WP No. 102010 of 2025 INTERFERENCE BY THE RESPONDENTS IN PETITIONERS BUSINESS FOR FORCEFULLY SEIZING THE GOLD ARTICLES PLEDGED BY IT COSTUMERS IS ARBITRARY AND IS IN VIOLATION OF FUNDAMENTAL RIGHTS GUARANTEED UNDER ARTICLE 14 AND 19(1)(g) OF THE CONSTITUTION OF INDIA IN THE INTEREST OF JUSTICE AND EQUITY. B. ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO BE ISSUED TO THE RESPONDENTS TO NOT SEIZE THE GOLD ARTICLES FROM THE PETITIONER BUT CAN ONLY EXAMINE THE SAME BY SUMMONING IT FOR THE PURPOSE OF INVESTIGATION IN CRIME REGISTERED BY THE 2ND RESPONDENT OR IN ANY OTHER CASES, IN THE INTEREST OF JUSTICE AND EQUITY. C. ISSUE A WRIT OF CERTIORARI FOR CALL FOR THE RECORDS OF THE ANNEXURE-C NOTICES ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER NUMBERED, GUNNA NO.31/2025 DATED 19.03.2025 AND QUASH THE SAME INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a. Declare that the interference by the Respondents in petitioners business for forcefully seizing the gold articles pledged by it costumers is arbitrary and is in violation of fundamental rights guaranteed under article 14 and 19(1)(g) of the Constitution of India in the interest of justice and equity. b. Issue a Writ of mandamus or any other appropriate Writ, order or Direction to be - 3 - HC-KAR NC: 2025:KHC-D:12881 WP No. 102010 of 2025 issued to the Respondents to not seize the gold articles from the petitioner but can only examine the same by summoning it for the purpose of investigation in Crime registered by the 2nd Respondent or in any other cases, in the interest of justice and equity. c. Issue a Writ of Certiorari for call for the records of the Annexure-C notices issued by the 2nd Respondent to the petitioner numbered, Gunna No.31/2025 dated 19.03.2025 and quash the same interest of justice and equity. d. And grant such other relief or directions as this Hon’ble Court deems fit the facts and circumstances of the case. 2. Learned counsel for the petitioner submits that the petition has rendered infructuous. 3. Submission is taken on record. The petition is dismissed as having rendered infructuous. Sd/- (SURAJ GOVINDARAJ) JUDGE SH CT:PA, List No.: 1 Sl No.: 93