- 1 - HC-KAR NC: 2025:KHC:36781 WP No. 13171 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 13171 OF 2022 (GM-DRT) BETWEEN: 1. MRS. D. GOWRAMMA (AGED ABOUT 80 YEARS), D/O LATE SRI H. DASAPPA, (REP BY GPA HOLDER MR. N. MANOJ KUMAR) [Tel: +91-9886685985; E-mail: manojkumar.jan10@gmail.com] RESIDING AT SHRAVANEE ABHIMAN APARTMENTS, NO.001, GROUND FLOOR, 39TH CROSS, 8TH BLOCK, JAYANAGAR, BENGALURU-560 011. 2. MRS. N. PUSHPALATHA @ N. PUSHPAVATHI (AGED ABOUT 57 YEARS), D/O MR. P. NARASIMHIAH, RESIDING AT NO.510, 46TH CROSS, 5TH BLOCK, 9TH MAIN, JAYANAGAR, BENGALURU -560 041. …PETITIONERS (BY SRI. KIRAN B.S., ADVOCATE) AND: 1. M/S SRI RAMAKRISHNA HOTELS AND ENTERPRISES PRIVATE LTD., (REGISTERED UNDER COMPANIES ACT, 1956) REP. BY ITS DIRECTOR, REGISTERED OFFICE AT: 421, 3RD CROSS, WILSON GARDEN, BENGALURU - 560 027 M/S SRI RAMAKRISHNA LODGE AND ENTERPRISES PRIVATE LTD., (REGISTERED UNDER COMPANIES ACT, 1956) Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36781 WP No. 13171 of 2022 REP. BY ITS DIRECTOR, REGISTERED OFFICE AT: 421, 3RD CROSS, WILSON GARDEN, BENGALURU - 560 027 2. MR. DASAPPA JAYARAJU @ D. JAYARAJ AND D. JAYARAJU AGED ABOUT 66 YEARS, S/O LATE SRI H. DASAPPA, RESIDING AT NO.002, I.V.Y. BLOSSOM APARTMENTS, NO.65, 13TH CROSS, J.P. NAGAR 3RD PHASE, BENGALURU - 560 078. 3. M/S. EVERPACK INDUSTRIES A PARTNERSHIP FIRM, REPRESENTED BY ITS PARTNERS AT R 3(A) TO 3(D) PLOT NO.47, IN PEENYA II PHASE INDUSTRIAL AREA, SITUATED IN SY. NO.33, CHOKKASANDRA VILLAGE, YESHWANTHPUR HOBLI, BANGALORE NORTH TALUK, BANGALORE DISTRICT-560058. 3(a) M/S. H. DASAPPA AND SONS PVT. LTD., (COMPANIES ACT, 1956) PLOT NO.47, IN PEENYA II PHASE INDUSTRIAL AREA, SITUATED IN SY. NO.33, CHOKKASANDRA VILLAGE, YESHWANTHPUR HOBLI, BANGALORE NORTH TALUK, BANGALORE DISTRICT-560058. ALSO AT RESIDING AT NO.421, 3RD CROSS, WILSON GARDEN, BENGALURU - 560 027. 3(b) SRI. D. RAVINDRANATH PLOT NO.47, IN PEENYA II PHASE INDUSTRIAL AREA, SITUATED IN SY. NO.33, CHOKKASANDRA VILLAGE, YESHWANTHPUR HOBLI, BANGALORE NORTH TALUK, BANGALORE DISTRICT-560058. ALSO AT RESIDING AT NO.421, 3RD CROSS, WILSON GARDEN, BENGALURU- 560 027. 3(c) SMT. LAKSHMI DEVI PLOT NO.47, IN PEENYA II PHASE INDUSTRIAL AREA, - 3 - HC-KAR NC: 2025:KHC:36781 WP No. 13171 of 2022 SITUATED IN SY. NO.33, CHOKKASANDRA VILLAGE, YESHWANTHPUR HOBLI, BANGALORE NORTH TALUK, BANGALORE DISTRICT-560058. 3(d) N. LEELAVATHI PLOT NO.47, IN PEENYA II PHASE INDUSTRIAL AREA, SITUATED IN SY. NO.33, CHOKKASANDRA VILLAGE, YESHWANTHPUR HOBLI, BANGALORE NORTH TALUK, BANGALORE DISTRICT-560058. 4. M/S DASAPPA A PARTNERSHIP FIRM, REPRESENTED BY ITS PARTNERS AT 4(a) TO 4(c) BELOW: OFFICE AT: NO.300/1 AND 300/2, S.C. ROAD, BENGALURU -560 009. 4(a) MR. R. HARISH CHANDRA (AGED ABOUT 42 YEARS) S/O LATE D. RAMACHANDRAPPA, PARTNER OF M/S DASAPPA, A PARTNERSHIP FIRM NO.421, III CROSS, WILSON GARDEN, BENGALURU -560 027. 4(b) MRS. S.H. PADMAVATHI (AGED ABOUT 49 YEARS) W/O D. RAVINDRANATH, PARTNER OF M/S DASAPPA, A PARTNERSHIP FIRM NO.421, III CROSS, WILSON GARDEN, BENGALURU -560 027. 4(c) MRS. C.V. VINAYA (AGED ABOUT 45 YEARS) W/O VIJAY KUMAR, PARTNER OF M/S DASAPPA, A PARTNERSHIP FIRM NO.421, III CROSS, WILSON GARDEN, BENGALURU -560 027. 5. MR. D. VIJAY KUMAR (AGED MAJOR), - 4 - HC-KAR NC: 2025:KHC:36781 WP No. 13171 of 2022 S/O LATE D. DASAPPA, NO.421, III CROSS, WILSON GARDEN, BENGALURU - 560 027 6. MS. R. SAROJAMMA (AGED MAJOR), D/O H. RAMAIAH, W/O LATE D. DASAPPA, NO.421, III CROSS, WILSON GARDEN, BENGALURU - 560 027 7. MRS. D. INDRANI (AGED MAJOR), W/O MADHAV, D/O LATE D DASAPPA, NO.421, III CROSS, WILSON GARDEN, BENGALURU -560 027 8. MRS. MEENAKSHI KANEKAL (AGED ABOUT 60 YEARS), D/O MR. D. DASAPPA, RESIDING AT NO.421, 3RD CROSS, WILSON GARDEN, BENGALURU -560 027 9. M/S. INBEV INDIA INTERNATIONAL PVT. LTD., (COMPANIES ACT, 1956) REP. BY ITS MANAGING DIRECTOR, F2/7, OKHLA INDUSTRIAL AREA, PHASE-1, NEW DELHI -110 020 10. DBS BANK INDIA LTD., (COMPANIES ACT, 1956) (THE SUCCESSOR-IN-INTEREST OF THE AMALGAMATED ERSTWHILE LAKSHMI VILAS BANK) REP. BY ITS MANAGING DIRECTOR, EXPRESS TOWERS, GROUND FLOOR, NARIMAN POINT, MUMBAI -400 021 11. M/S. EDELWEISS A.R.C. LTD., (COMPANIES ACT, 1956) REP. BY ITS MANAGING DIRECTOR, EDELWEISS HOUSE, OFF CST ROAD, KALINA, MUMBAI -400 098 - 5 - HC-KAR NC: 2025:KHC:36781 WP No. 13171 of 2022 12. THE AUTHORISED OFFICER M/S EDELWEISS A.R.C. LTD., EDELWEISS HOUSE, OFF CST ROAD, KALINA, MUMBAI -400 098 13. M/S. BHOOPALAM FAMILY VENTURES LLP 56, 10TH CROSS, 2ND MAIN, 2ND STAGE, OFF WEST OF CHORD ROAD, MAHALAKSHMIPURAM, BENGALURU -560 086 REP. BY SRI B.S. RAVINDRA, DESIGNATED PARTNER AND AUTHORISED OFFICER 14. OFFICE OF THE PRINCIPAL CHIEF COMMISSIONER OF INCOME TAX KARNATAKA AND GOA REGION, CR BUILDING, NO.1, QUEENS ROAD, BENGALURU -560 001 15. MR. GNANESHWAR JAYARAJ (AGED MAJOR) S/O DASAPPA JAYARAJ, ADDRESS NO.002, I.V.Y. BLOSSOM APARTMENTS, NO.65, 13TH CROSS, JP NAGAR 3RD PHASE, BENGALURU - 560 078. …RESPONDENTS (BY SRI. KIRAN S.S., ADVOCATE FOR CAVEATOR/RESPONDENT NO.3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECREE THIS PETITION IN FAVOUR OF PETITIONERS BY HOLDING THAT THE RECOVERY PROCEEDINGS CANNOT BE MADE AGAINST ORDER DATED 28.03.2013 IN OA NO.186/2010 (ANNEXURE-W) OF THE HON'BLE DRT-BANGALORE AND ETC. - 6 - HC-KAR NC: 2025:KHC:36781 WP No. 13171 of 2022 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER There is no representation for the petitioners. 2. Even on the last date, time was sought. Hence, the writ petition is dismissed for non-prosecution. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 11