- 1 - HC-KAR NC: 2025:KHC:37945-DB CCC No. 974 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI CIVIL CONTEMPT PETITION NO. 974 OF 2025 BETWEEN: 1. MR. ANIRUDH GUPTA AGED ABOUT 39 YEARS, S/O. MAHENDAR KUMAR GUPTA RESIDING AT NO. 83, 1ST FLOOR, 7TH CROSS ROAD, 4TH B BLOCK, KORAMANGALA, BENGALURU - 560 034. …COMPLAINANT (BY SRI. DHYAN CHINNAPPA, SENIOR ADVOCATE A/W SRI MOHAMMED SHAMEER, ADVOCATE) AND: 1. MR. KALESHWAR RAO RECOVERY OFFICER-I HONBLE DRT-II 4TH FLOOR, TELEPHONE HOUSE RAJ BHAVAN ROAD BENGALURU - 560 001. …ACCUSED THIS CCC IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA, READ WITH SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971 PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE RESPONDENT- ACCUSED FOR WILFUL AND DELIBERATE DISOBEDIENCE OF THE ORDER OF THIS HON'BLE COURT DATED 15.07.2024 PASSED IN W.P. NO.44799/2017 (ANNEXURE-E) AND TO PUNISH THE RESPONDENT-ACCUSED IN ACCORDANCE WITH LAW & ETC. Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37945-DB CCC No. 974 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The complainant has filed the present complaint alleging non-compliance of the order dated 15.07.2024 passed by this Court in W.P No.44799/2017, which reads as under: "In compliance of the direction insofar as it relates to respondent No.1, the amount of Rs.50.00 lakhs, which was received from the bank account of defendant No.6, was credited to the account of Recovery Officer, DRT Account. However, an additional amount of Rs.24,69,602.86 has been recovered from the mutual funds of the petitioner by redemption of the mutual funds of the petitioner invested with the SBI Mutual Fund. In operative portion, the respondent No.1 is hereby directed to return the amount of Rs.24,69,602.68 to the petitioner within two weeks from today. This order shall be read in conjunction with the Order dated 19.06.2024 passed in W.P No.44799/2017." 2. The operative portion of the earlier order dated 19.06.2024 passed in the said writ petition reads as under: - 3 - HC-KAR NC: 2025:KHC:37945-DB CCC No. 974 of 2025 "16. Accordingly, the writ petition is allowed. 17. The impugned order dated 8.8.2017 passed by the 1st respondent at Annexure-A, and communication dated 20.9.2017 passed by the respondent No.3 annexure-B insofar it relates to attachment of investment of the petitioner with the SBI Mutual Funds and also direction to refund the investment before Recovery Officer, are hereby quashed. 18. The respondents No.3 and 4 are hereby directed to defreeze the a/c bearing folio No.14968272 and account No.917010045870730, and restore the amount to the petitioner. 19. Liberty is reserved for the Recovery Officer, DRT to pass an appropriate order afresh, should it be established, in accordance with the law, that the petitioner is holding money on behalf of any of the defendants." 3. There is an unambiguous direction for the accused to return the amount of `24,69,602.68 to the complainant within a period of two weeks from the date of the said order. 4. The learned Senior Counsel appearing for the complainant submits that the said amount has been transferred by the accused to Canara Bank and, therefore, the said amount is now required to be recovered from Canara Bank. - 4 - HC-KAR NC: 2025:KHC:37945-DB CCC No. 974 of 2025 5. We find that there is no ambiguity in the order. The accused shall, therefore, initiate proceedings for recovery of the amount from Canara Bank. If the accused fails to do so, the complainant has a remedy of approaching the Debts Recovery Tribunal [DRT] for enforcing the orders already passed. Needless to state that as and when the DRT is approached, the Tribunal shall pass an order in conformity with the orders passed by this Court. 6. We close the present complaint with the aforesaid observations at this stage. However, we clarify that all rights and contentions of the parties are reserved, including for re-applying in the event the grievance of the complainant is not addressed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE AHB, List No.: 1 Sl No.: 9