Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:33644 WP No. 24539 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 24539 OF 2025 (GM-POLICE)
BETWEEN:
MUTHOOT FINANCE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 REGISTERED OFFICE AT MUTHOOT CHAMBERS, OPP SARITHA THEATRE COMPLEX, BANERJEE ROAD, KOCHI 682018 HAVING ONE OF ITS BRANCH AT TC PALAYA MAIN ROAD, BANGALORE REP BY ITS CHIEF MANAGER MR. AJUMON P GEORGE.
…PETITIONER (BY SRI. ANISH JOSE ANTONY.,ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU- 560 001.
2.
THE STATION HOUSE OFFICER/ INVESTIGATION OFFICER VIVEK NAGAR POLICE STATION BENGALURU
Digitally signed by VANAMALA N Location: High Court of Karnataka
- 2 -
HC-KAR NC: 2025:KHC:33644 WP No. 24539 of 2025
KARNATAKA- 560047.
…RESPONDENTS (BY SMT.K.P. YASHODHA., AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. DECLARE THAT THE INTERFERENCE BY THE RESPONDENTS IN PETITIONER BUSINESS FOR FORCEFULLY SEIZING THE GOLD ARTICLES PLEDGED BY IT COSTUMERS IS ARBITRARY AND IS IN VIOLATION OF FUNDAMENTAL RIGHTS GUARANTEED UNDER ARTICLES 19(1)(G) AND 21 AND THE CONSTITUTIONAL RIGHTS GUARANTEED UNDER ART 300A OF THE CONSTITUTION OF INDIA 1950; B. ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT,
ORDER OR DIRECTION TO THE RESPONDENT NO2 NOT TO SEIZE GOLD ARTICLES FROM THE PETITIONER IN PURSUANT ANNEXURE D AND E NOTICES DATED 11.08.2025 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS BRANCHES AT TC PALAYA MAIN ROAD AND BTM MICO LAYOUT IN SIMILAR TERMS OF THE
ORDER PASSED BY THE HON'BLE SUPREME COURT IN MUTHOOT FINCORP LTD. V/S THE SHO AND ORS IN CRIMINAL APPEAL NO. 1026/2024 (ANNEXURE G).
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
- 3 -
HC-KAR NC: 2025:KHC:33644 WP No. 24539 of 2025
CORAM:
HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER
The petitioner, a company registered under the Companies Act and in the business of taking gold ornaments on pledge, is aggrieved by the issuance of Notices as per Annexures- D and E. If Sri Anish Jose Antony, the learned counsel for the petitioner, argues in support of the petition for relief such as quashing these notices and for a direction to the respondents not to interfere with the petitioner's business by forcefully seizing gold articles pledged with them, Ms. K.P. Yashoda, the learned Additional Government Advocate, on instructions submits that the respondents do not intend to seize any gold articles consequent to the notices but such notices are issued for production of certain documents.
In rejoinder, Sri Anish Jose Antony submits that those documents are already submitted. This
- 4 -
HC-KAR NC: 2025:KHC:33644 WP No. 24539 of 2025
Court is of the opinion that with these two
submissions, the petition must be disposed of as there is no threat of any seizure, and the absence of the threat of seizure diminishes the cause. The petition stands disposed of accordingly.
Sd/- (B M SHYAM PRASAD) JUDGE
NV