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2025 DAILYLAW 51476 (KAR)

MASTER AYAN GUPTA v. MR.KALESHWAR RAO

CCC/1223/2025 · 2025-09-22

C M Joshi

Contempt Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:37947-DB CCC No. 1223 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. 1223 OF 2025 BETWEEN: 1. MASTER AYAN GUPTA AGED ABOUT 11 YEARS S/O MR. ANIRUDH GUPTA RESIDING AT NO.83, 1ST FLOOR 7TH CROSS ROAD 4TH B BLOCK, KORAMANGALA BENGALURU - 560 034 REPERSENTED BY HIS FATHER AND NATURAL GUARDIAN MR. ANIRUDH GUPTA …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 CONSTITUENT OF INDIA R/W SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO INITIATE Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37947-DB CCC No. 1223 of 2025 CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR WILFUL AND DELIBERATE DISOBEDIENCE OF THE ORDER OF THIS HON'BLE COURT DATED 10.07.2024 PASSED IN W.P.NO.48062/2017 (ANNEXURE-H) AND TO PUNISH THE ACCUSED IN ACCORDANCE WITH LAW & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 10.07.2024 passed by this Court in W.P No.48062/2017 (GM-DRT), captioned 'Master Ayan Gupta vs. Recovery Officer-I and others'. The operative portion of the said order reads as under: "i) The petition is allowed. ii) The impugned orders dated 21.9.2017 and 12.10.2017 passed by the respondent No.1 vide Annexure-A and B are hereby quashed. iii) The respondent No.1 is hereby directed to refund a sum of Rs.14,88,514.71, and further amount of Rs.11,42,118.53 and Rs.11,06,378.36, and the respondents No.3 to 5 are directed to defreeze the account of the petitioner. iv) The respondent No.1 is hereby directed to refund the amount redeemed and deposited by the - 3 - HC-KAR NC: 2025:KHC:37947-DB CCC No. 1223 of 2025 respondents No.3 to 5 with the respondent No.1 within two weeks from the date of receipt of certified copy of this order." 2. There is an unambiguous direction for the accused to return the amount mentioned in the order dated 10.07.2024 to the complainant within a period of two weeks from the date of receipt of the said order. 3. 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. 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. - 4 - HC-KAR NC: 2025:KHC:37947-DB CCC No. 1223 of 2025 5. 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.: 13