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High Court of Karnataka · body

2025 DAILYLAW 71133 (KAR)

SRI B BALAJI SINGH, v. SRI. RAJESH KOHLI

CCC/401/2025 · 2025-10-23

C M Poonacha

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:41911-DB CCC No. 401 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL CONTEMPT PETITION NO. 401 OF 2025 BETWEEN: 1. SRI B BALAJI SINGH, S/O, HANUMAN SINGH B AGED ABOUT 63 YEARS, R/AT NO. 29, 1ST MAIN, 1ST BLOCK GORGUNTE PALYA, BANGALORE NORTH, YESHWANTHPURA, BANGALORE-22 2. SRI. B.N MUNIRAJU S/O. LATE M NARAYANA GOWDA, AGED ABOUT 64 YEARS, R/AT NO. 9,1ST A CROSS CHOWDESHWARI NILAYA 1ST 'A' CROSS, OPP V.N RESIDENCY CHIKKALSANDRA, SARVABHOUMA NAGARA BANGALORE-560061 3. SRI. HEMANTH KUMAR P.S S/O. SHANKAR RAO P M AGED ABOUT 65 YEARS, R/AT NO.6, 5TH CROSS, R.A ROAD ANUSHANKAR NILAYA, NEAR AYAN GYM VIVEK NAGAR POST, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41911-DB CCC No. 401 of 2025 EJIPURA BANGALORE-560047 4. SRI. VENUGOPAL R.C, S/O.CHINNAIAH, AGED ABOUT 64 YEARS, R/AT NO. 55, SRI HARA NIVASA, NEAR NEHARU SCHOOL, NAGADEVANA HALLI, BANGALORE SOUTH-560056. 5. SRI.G C UMA CHANDRASHEKHAR (NAME WRONGLY TYPED AS UMASHANKAR IN W.P) S/O. M CHANNAPAPA, AGED ABOUT 65 YEARS, BANGALORE-74 R/AT GONIPURA, K.G HALLI POST VIA KENGERI BANGALORE 74 6. SRI RAVINDRANATH PRABHU M (WRONGLY MENTIONED AS RAVINDRANATH M IN THE WRIT PETITION), S/O, M.K PRABHU, AGED ABOUT 63 YEARS, R/AT, 006, VAASTU GREENS, 79/1, KODIPALYA ROAD, SUNKADAPALYA, KENGERI, BENGALURU-560060 7. SRI S MANJUNATH, S/O, K SUNDER, AGED ABOUT 59 YEARS, R/AT, NO. G-41, SRI RAMA CHARAN APARTMENTS DR. M.S RAMIAH ROAD (NEXT TO GOKUL TOWERS) GOKULA, BANGALORE-560054 8. SRI M.S LOKESHA, S/O, LATE SOMASHEKHARAIAH, AGED ABOUT 65 YEARS, - 3 - HC-KAR NC: 2025:KHC:41911-DB CCC No. 401 of 2025 R/AT, NO.144, 5TH MAIN ROAD, KEB LAYOUT, B.T.M 1ST STAGE, BANGALORE-560029. 9. SRI NAGANATH H L S/O, LAXMAN RAO, AGED ABOUT 65 YEARS, R/AT, NO. 53, MALLIKARJUNA TEMPLE, 2ND CROSS, CHIKPETE, BANGALORE-560053. 10. SRI KRISHNAM RAJU S.V, S/O, LATE NARASIMHA RAJU, AGED ABOUT 61 YEARS, R/AT, NO.571/32, 1ST MAIN ROAD ANJANEYA LAYOUT, TINDLU, VIDHYARANYAPURA, BENGALURU-560097. 11. SRI PUTTASWAMACHAR, S/O M.N NARASIMHACHARA, AGED ABOUT 64 YEARS, R/AT, NO. 65, BYRAVESHWARA NAGAR, MANGANAHALLI CROSS, ULLAL, BANGALORE-560110. 12. SRI NAGABHUSHANA RAJU S, S/O, LATE V SRINIVASA RAJU, AGED ABOUT 59 YEARS, R/AT, NO. 788, 7TH CROSS, INDIRANAGAR, 2ND STAGE (NEAR CAUVERY SCHOOL), BANGALORE-560038. 13. SRI M.B VENKATESH, S/O, LATE M.N BHEEMARAO, AGED ABOUT 60 YEARS, R/AT, NO 26/2, UPSTAIRS, PUTTANNA ROAD, BASAVANAGUDI, - 4 - HC-KAR NC: 2025:KHC:41911-DB CCC No. 401 of 2025 BANGALORE-560004. 14. SRI VIKHAR AHMED SABEEL, S/O, LATE IFTEKHAR AHMED, AGED ABOUT 61 YEARS, R/AT, NO.58. RANOJI RAO ROAD, BEHIND A.V HOSPITAL, FBASAVANAGUDI BLOCK, BANGALORE-560004. 15. SRI GOPINATH K, S/O, KASTURIAH, AGED ABOUT 58 YEARS, R/AT, NO.17, ANUGRAHA, 4TH CROSS, OPP SHINY PLAY HOME, SRIRAMA LAYOUT, JNANAJYOTHINAGAR, MALLATHAHALLI BANGALORE-560056. 16. SRI SRINIVASA RAJU V, S/O, LATE D VENKATA SWAMY RAJU, AGED ABOUT 64 YEARS, R/AT, NO.20, IIIRD FLOOR, 5TH CROSS, J.M LANE, BALUPET CROSS, BANGALORE-53 17. SRI CHANDRA SHEKHAR V N, S/O, V NANJUNDAIAH, AGED ABOUT 60 YEARS, R/AT, NO. 403, 13TH MAIN, 8TH CROSS, GOKULA 1ST STAGE, BANGALORE-560054. 18. SRI SHIVAPPA G, AGED ABOUT 59 YEARS, S/O, GURUCHANNABASAPPA, R/AT, NO. 509, 8TH MAIN ROAD, - 5 - HC-KAR NC: 2025:KHC:41911-DB CCC No. 401 of 2025 4TH CROSS, VIJAYANAGAR, BANGALORE-560040 19. SRI ANAND V, S/O, LATE VEERABHADRACHAR, AGED ABOUT 64 YEARS, R/AT, NO.130, 2ND CROSS, SHIRDI SAI NAGAR, K NARAYANAPURA MAIN ROAD, DR. SHIVARAMAKARANTH NAGAR, BANGALORE-560077 20. SRI SURESH G.J, S/O, G.B JAYARAMAN, AGED ABOUT 61 YEARS, R/AT, NO. 145, 3RD CROSS, SINGAPURA GARDEN, CHIKBALLAPURA POST, BENGALURU-560090 21. SRI KESHAVA REDDY, S/O, M MUNISWAMY REDDY, AGED ABOUT 59 YEARS, R/AT, NO.18, 2ND CROSS, HOSAPALYA, YELLUKUNTE, OPPOSITE OLD UJALA FACTORY, KUDLU, BOMMANAHALLI, BANGALORE-560068 22. SRINIVASA REDDY S T, S/O, THIMMAIAH U, AGED ABOUT 59 YEARS, R/AT, NO.83, SULIKUNTE VILLAGE, SARJAPURA MAIN ROAD, BOMMASANDRA POST, BANGALORE EAST 562125. 23. SRI G BABU, S/O, R GOVINDA RAJ, AGED ABOUT 65 YEARS, - 6 - HC-KAR NC: 2025:KHC:41911-DB CCC No. 401 of 2025 R/AT, NO. 53, GROUND FLOOR, 18TH MAIN 11TH CROSS, HSR LAYOUT SECTOR 4, BENGALURU-560102 24. SRI RATNAKARA RAJU, S/O, LATE V PANDURANGA, AGED ABOUT 58 YEARS, R/AT, NO 70'A' SECTOR-II, H.M.T COLONY, JALAHALLI, BANGALORE-13 25. SRI S. R KRISHNAN, S/O, LATE S RANGACHAR, AGED ABOUT 64 YEARS, R/AT, NO. 145, SRINAGAR 2ND PHASE, 1ST MAIN, 9TH CROSS, M S PALYA, VIDYARANYAPURA, BANGALORE-97. 26. SRI ANANDA G, S/O, LATE GANGAIAH B, AGED ABOUT 62 YEARS, R/AT, NO.15, NEW NO. 498, ADI BYRAVA NILAYA, AYYAPPA NAGAR, JALAHALLI WEST, BANGALORE-560015. 27. SRI VENKATRAMANAPPA C, S/O, CHOWDAPPA, AGED ABOUT 63 YEARS, R/AT, NO 62/2/3, NISARGA, AYYAPPA TEMPLE ROAD, SAMETHANAHALLI, HOSKOTE TALUK, NEAR KANAKADASA TEMPLE, BANGALORE-560067. 28. SRI GOVINDAPPA R, - 7 - HC-KAR NC: 2025:KHC:41911-DB CCC No. 401 of 2025 S/O, RAMACHANDRAPPA, AGED ABOUT 65 YEARS, R/AT, SRI CHANDRAKALA PRASANNA, SHABARI NAGARA, 3RD MAIN, 1ST CROSS, BYLARAYAPURA, SHANKARA NAGAR POST, BENGALURU-560092 29. SRI SHANTHARAM M. V, S/O, LATE VENKATACHALAIAH M.V, AGED ABOUT 63 YEARS, R/AT, NO 1629, 5TH BLOCK, SIR M.V LAYOUT, ULLALU UPANAGARA-560110 30. SRI HUCHE GOWDA G.T, S/O, LATE THIMME GOWDA, AGED ABOUT 68 YEARS, R/AT, NO 35/24, 1ST MAIN, 5TH CROSS, SAMPIGE LAYOUT, BASAVESHWARA NAGAR, BANGALORE-560079. …COMPLAINANTS (BY SRI. SUBRAMANYA BHAT M, ADVOCATE) AND: 1. SRI. RAJESH KOHLI THE MANAGING DIRECTOR, HMT MACHINE TOOLS LTD., HMT BHAVAN, NO.59, BELLARY ROAD, BANGALORE-560032. 2. SRI SUBRAMANYA BHAT GENERAL MANAGER, HMT MACHINE TOOLS LTD., BANGALORE COMPLEX, JALAHALLI, - 8 - HC-KAR NC: 2025:KHC:41911-DB CCC No. 401 of 2025 BANGALORE-560 013 …ACCUSED (BY SRI. SHRINIVAS B S, ADVOCATE FOR A1 & A2) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURT ACT, BY THE COMPLAINANT, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR HAVING DELIBERATELY DISOBEYED THE ORDER DATED 16.12.2024 PASSED IN WP NO.6819/2024(S- RES) (ANNEXURE-A) AND PUNISH THE ACCUSED IN ACCORDANCE WITH LAW AND 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. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The complainants have filed the present complaint alleging willful disobedience of the order dated 16.12.2024 passed by the learned Single Judge of this Court in Writ Petition No.6819/2024(S- R). - 9 - HC-KAR NC: 2025:KHC:41911-DB CCC No. 401 of 2025 2. The operative part of the said order reads as under: 5. In light of the admitted nature of claim of the petitioners, if the entitlement is verified, the same is to be made good. Accordingly, respondents are directed to pass appropriate orders so as to extend the benefit of EL encashment and other dues as per its records within a period of 3 months from the date of receipt of certified copy of this order. Needless to state that it is for the respondents to verify from their records the entitlements of the petitioners. 6. Accordingly, the writ petition is disposed off. 3. Learned counsel appearing for the accused has handed over a memo enclosing therewith an order dated 20.01.2025, which indicates that the earned leave entitlement of the first complainant had been quantified at Rs.1,07,777/-. The said order also indicates that the said amount has not been released on account of paucity of funds and would be released depending on the availability of funds. It is also informed that similar orders have been passed in respect of the other complainants as well. He states that the said endorsements would be communicated to all the complainants, if not already communicated. 4. In view of the above, we are unable to accept that there is any willful disobedience of the orders passed by this Court. Accordingly, the complaint is closed. The complainants are at liberty to avail of their remedies for recovery of the dues which now - 10 - HC-KAR NC: 2025:KHC:41911-DB CCC No. 401 of 2025 stand acknowledged by the accused including instituting proceedings for winding up/liquidation of the accused/company on account of non payment of admitted debts. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 61