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2025 DAILYLAW 57302 (KAR)

ADARSH NARAHARI v. THE SPECIAL OFFICER AND COMPETENT AUTHORITY

WP/20252/2025 · 2025-09-16

B M Shyam Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:36769 WP No. 20252 of 2025 C/W WP No. 21083 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 20252 OF 2025 (GM-RES) C/W WRIT PETITION NO. 21083 OF 2025 (GM-RES) IN WP No. 20252/2025 BETWEEN: ADARSH NARAHARI S/O B S N HARI AGED ABOUT 42 YEARS MADHAVAN PARK, JAYANAGAR, BANGALORE RESIDING AT 473, 9TH CROSS, 1ST BLOCK, NEAR SOUTH, JAYANAGAR III BLOCK, BANGALORE SOUTH, KARNATAKA 560011. …PETITIONER (BY SRI.ANIRUDH A KULKARNI.,ADVOCATE) AND: 1. THE SPECIAL OFFICER AND COMPETENT AUTHORITY KARNATAKA PROTECTION OF INTEREST IN DEPOSITS BY FINANCIAL ESTABLISHMENTS ACT (KPIDFE) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36769 WP No. 20252 of 2025 C/W WP No. 21083 of 2025 HAVING OFFICE AT 3 AND 4TH FLOOR, PODIUM BLOCK, V V MINI TOWERS, DR. AMBEDKAR VEEDHI, BANGALORE 560001. 2. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION VIDHAN SOUDHA, BENGALURU 560001. 3. HDFC BANK LIMITED KASTURBA ROAD BRANCH, REPRESENTED BY ITS BRANCH MANAGER, HAVING OFFICE AT 24/3, HDFC HOUSE NO. 51, KASTURBA ROAD, BENGALURU - 560001. 4. M/S SRI. VASISTA CREDIT SOUHARDA CO-OPERATIVE LTD. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER (C.E.O), VENKATANARAYANA K.V. HAVING OFFICE AT NO. 01, FIRST FLOOR, RAMANJANEYA ROAD, HANUMANTHA NAGAR, BENGALURU 560019. …RESPONDENTS (BY SRI. VEERESH R. BUDIHAL., ADVOCATE FOR R1; SRI. RAHUL CARIAPPA, AGA FOR R2; R3 SERVED) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR RECORDS FROM THE RESPONDENT NO. 1 SPECIAL - 3 - HC-KAR NC: 2025:KHC:36769 WP No. 20252 of 2025 C/W WP No. 21083 of 2025 OFFICER AND COMPETENT AUTHORITY REGARDING THE ORDER OF DEBIT-FREEZE OF THE PETITIONERS SAVINGS BANK ACCOUNT BEARING NO. 50100125336017 AT HDFC BANK LIMITED, KASTURBA ROAD BRANCH, BENGALURU VIDE NOTICE DATED 16.06.2025 ISSUED IN CRIME/CASE NO. VSCCL/MISC/04/2024-25; B) DECLARE THAT THE ACTION OF THE RESPONDENT NO. 1 - SPECIAL OFFICER AND COMPETENT AUTHORITY ISSUING THE ORDER OF DEBIT-FREEZE OF THE PETITIONERS SAVINGS BANK ACCOUNT BEARING NO. 50100125336017 AT HDFC BANK LIMITED, KASTURBA ROAD BRANCH, BENGALURU VIDE NOTICE DATED 16.06.2025 ISSUED IN CRIME/CASE NO. VSCCL/MISC/04/2024-25 AS ILLEGAL, ARBITRARY, UNCONSTITUTIONAL, AND VIOLATIVE OF ARTICLES 19(1)(g) AND 21 OF THE CONSTITUTION OF INDIA, 1950 AND OTHER LAWS FOR THE TIME BEING IN FORCE AND ETC. IN WP NO. 21083/2025 BETWEEN: M/S. PRIMUS LIFE SPACES PRIVATE LIMITED A COMPANY INCORPORATED UNDER COMPANIES ACT, 2013 HAVING ITS OFFICE AT NO.41, VITTAL MALLYA ROAD, BANGALORE - 560001. - 4 - HC-KAR NC: 2025:KHC:36769 WP No. 20252 of 2025 C/W WP No. 21083 of 2025 REPRESENTED BY ITS AUTHORISED SIGNATORY MR. MANJUNATH K. ...PETITIONER (BY SRI. ANIRUDH A KULKARNI.,ADVOCATE) AND: 1. THE SPECIAL OFFICER AND COMPETENT AUTHORITY KARNATAKA PROTECTION OF INTEREST IN DEPOSITS BY FINANCIAL ESTABLISHMENTS ACT (KPIDFE) HAVING OFFICE AT 3 AND 4TH FLOOR, PODIUM BLOCK, V V MINI TOWERS, DR. AMBEDKAR VEEDHI, BANGALORE - 560001. 2. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION VIDHANA SOUDHA, BENGALURU - 560001. 3. PUNJAB NATIONAL BANK CANTONMENT BRANCH, REPRESENTED BY ITS BRANCH MANAGER, HAVING OFFICE AT NO.13, DAVIDOSS BUILDING, COMMERCIAL STREET, BENGALURU - 560001. 4. M/S. SRI. VASISTA CREDIT SOUHARDA CO-OPERATIVE LTD. A CO-OPERATIVE SOCIETY REGISTERED - 5 - HC-KAR NC: 2025:KHC:36769 WP No. 20252 of 2025 C/W WP No. 21083 of 2025 UNDER THE KARNATAKA SOUHARDA SAHAKARI ACT, 1997 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER (C.E.O), MR. VENKATANARAYANA K.V. HAVING OFFICE AT NO. 01, FIRST FLOOR, RAMANJANEYA ROAD, HANUMANTHA NAGAR, BENGALURU - 560019. ...RESPONDENTS (BY SRI.VEERESH R BUDIHAL., ADVOCATE FOR R1; SRI. RAHUL CARIAPPA, AGA FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE RESPONDENT NO. 1 - SPECIAL OFFICER AND COMPETENT AUTHORITY REGARDING THE ORDER OF DEBIT- FREEZE OF THE PETITIONERS CURRENT TANK ACCOUNTS BEARING NOS 0040002100094082 AND 0040002100081865 WITH PUNJAB NATIONAL BANK, CANTONMENT BRANCH, BENGALURU; B) DECLARE THAT THE ACTION OF THE RESPONDENT NO. 1 SPECIAL OFFICER AND COMPETENT AUTHORITY ISSUING THE ORDER OF DEBIT FREEZE OF THE PETITIONERS CURRENT BANK ACCOUNTS BEARING NOS 0040002100094082 AND 0040002100081865 WITH PUNJAB NATIONAL BANK, CANTONMENT BRANCH, BENGALURU ISSUED IN CASE NO. VSCCL/MISC/04/2024-25 AS ILLEGAL, ARBITRARY. UNCONSTITUTIONAL, AND VIOLATIVE OF ARTICLES 19(1)(G) AND 21 OF THE CONSTITUTION OF INDIA, 1950 AND OTHER LAWS FOR THE TIME BEING IN FORCE AND ETC.C THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC:36769 WP No. 20252 of 2025 C/W WP No. 21083 of 2025 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER Sri Anirudh A Kulkarni, the learned counsel for the petitioners, files a memo which reads as under: "The undersigned counsel craves the leave of this Hon'ble Court to permit the petitioners to withdraw the captioned petitions since the same have been rendered infructuous on account of the Respondent No.1- Competent Authority issuing an ad-interim order of attachment under Section 3(2) of the KPIDFE Act, 2004 on 25.08.2025, thereby attaching the subject bank accounts. WHEREFORE, it is humbly prayed that this Hon'ble Court may be pleased to dispose the captioned petitions with liberty to challenge the order of attachment in accordance with law." Subject to all just exceptions, reserving liberty to the petitioners, the petitions stand dismissed as withdrawn. SD/- (B M SHYAM PRASAD) JUDGE AN/-