- 1 - HC-KAR NC: 2025:KHC:31713 WP No. 7515 of 2022 C/W WP No. 1016 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE ANU SIVARAMAN WRIT PETITION NO. 7515 OF 2022 (GM-RES) C/W WRIT PETITION NO. 1016 OF 2022 (GM-RES) IN WP No. 7515/2022: BETWEEN: 1. M/S. YOJAKA INDIA PRIVATE LTD. DOOR No.3/28/43, II FLOOR ABCO TRADE CENTRE, NH.66 KOTTARA CHOWKI MANGALORE-575 006 REP. BY ITS MANAGING DIRECTOR JAGADISH BOLOOR S/O LATE GOPALAKRISHNA SUVARNA AGED ABOUT 59 YEARS R/AT. "SIDDHI", FLAT No.1006 10TH FLOOR, ABHIMAN PALACE OPP. CANARA HIGH SCHOOL MANNAGUDDA MANGALORE-575 003 2. MRS. RUMAVATHI K. MENDON AGED ABOUT 80 YEARS W/O LATE KESHAVA MENDON THAMI HOUSE, IDDYA VILLAGE SURATHKAL, D.K. DISTRICT-575 014 3. BHASKAR POOJARY S/O SADASHIVA POOJARY DOOR No.405 B, SOURABHA NILAYA Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31713 WP No. 7515 of 2022 C/W WP No. 1016 of 2022 PAJEER POST BENGODI PADAV MANGALURU-574 199 …PETITIONERS (BY SRI. K. SHASHIKANTHA PRASAD, ADVOCATE FOR SRI. YOGEENDRA ACHAR B., ADVOCATE) AND: 1. GOVERNMENT OF KARNATAKA REP. BY ITS SECRETARY PWD PORTS AND INLAND WATER TRANSPORT DEPARTMENT VIKAS SOUDHA BENGALURU-560 001 2. THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT GOVERNMENT OF KARNATAKA NORTH ZONE DHARWAD-580 001 3. THE EXECUTIVE ENGINEER DEPARTMENT OF PORTS AND INLAND WATER TRANSPORT AND FISHERIES DIVISION 2ND FLOOR, SHAMILL HALL AMBALAPADY UDUPI-576 101 4. THE ASSISTANT GENERAL MANAGER BANK OF BARODA MANGALORE MAIN BRANCH MANGALA COMPLEX OPP: ROOPA HOTEL BALMATA ROAD, KARNATAKA MANGALURU-575 001 …RESPONDENTS (BY SRI. VIGNESH SHETTY, ADVOCATE FOR C/R4; SMT. SHWETA KRISHNAPPA, AGA FOR R1 TO R3) - 3 - HC-KAR NC: 2025:KHC:31713 WP No. 7515 of 2022 C/W WP No. 1016 of 2022 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (a) DIRECT THE R1 TO R3 TO PAY WHATEVER THE REMUNERATION PAYABLE TO THE PETITIONER COMPANY FOR HAVING EXECUTED THE PROJECT WORKS EXCLUDING THE AMOUNT COVERED BY THE ORDER OF THIS HON'BLE COURT DATED 17.11.2021 IN (1) WP No.104362/2021(GM-RES) (2) WP No.104363/2021 (GM-RES) (3) WP No.104365/2021 (GM-RES) VIDE ANNEXURES-L,M AND N RESPECTIVELY AS THE SAME IS APPLICABLE TO BE PAID TO GST, STATUTORY PAYMENTS, WORKERS SALARY, SUB CONTRACTOR'S PAYMENT ETC. WHICH AMOUNTS TO Rs.17 CRORES AND THE R4 BANK MAY BE DIRECTED TO RESTORE THE PROPERTY OF THE PETITIONER COMPANY AND HAND OVER ALL THE TITLE DEEDS (PROPERTY DOCUMENTS) TO THE PETITIONER COMPANY ALONG WITH DISCHARGING THE GUARANTEESHIPS OF P2 AND P3 AND ETC. IN WP NO. 1016/2022: BETWEEN: 1. M/S. YOJAKA INDIA PRIVATE LIMITED No.3/28/43, II FLOOR ABCO TRADE CENTRE NH 66, KOTTARA CHOWKI MANGALORE-575 006 REP. BY ITS MANAGING DIRECTOR JAGADISH BOLOOR S/O LATE GOPALAKRISHNA SUVARNA AGED ABOUT 58 YEARS R/AT. "SIDDHI", FLAT No.1006 10TH FLOOR, ABHIMAN PALACE OPP. CANARA HIGH SCHOOL MANNAGUDDA MANGALORE-575 003 2. RUMAVATHI K. MENDON W/O KESHAVA MENDON AGED ABOUT 86 YEARS R/AT. THAMI HOUSE IDDYA VILLAGE, SURATHKAL MANGALORE-575 014 - 4 - HC-KAR NC: 2025:KHC:31713 WP No. 7515 of 2022 C/W WP No. 1016 of 2022 3. MR. BHASKAR POOJARY S/O SADASHIVA POOJARY AGED ABOUT 52 YEARS DOOR No.405B, SOURABHA NILAYA PAJEER POST, BENGODI PADAV MANGALURU-574 199 ...PETITIONERS (BY SRI. K. SHASHIKANTH PRASAD, ADVOCATE FOR SRI. YOGEENDRA ACHAR, ADVOCATE) AND: 1. THE ASSISTANT GENERAL MANAGER BANK OF BARODA MANGALORE MAIN BRANCH MANGALA COMPLEX OPP. ROOPA HOTEL BALMATA ROAD, KARNATAKA MANGALORE-575 001 2. THE TAHSILDAR MANGALURU TALUK DAKSHINA KANNADA DISTRICT 3. THE DEPUTY GOVERNOR RESERVE BANK OF INDIA MUMBAI-400 001 ...RESPONDENTS (BY SRI. SHETTY VIGNESH SHIVARAM, ADVOCATE FOR R1; SMT. SHWETA KRISHNAPPA, AGA FOR R2) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (a) DIRECT THE R1 AND 2 TO DEFER ALL FURTHER PROCEEDINGS PURSUANT TO THE NOTICE DATED 03.01.2022 REF No. TAX/CR 114/2021-22 ISSUED BY THE TAHSILDAR, MANGALURU TALUK, D.K. DISTRICT VIDE ANNEXURE-H TILL THE MATTER OF VIOLATION OF RBI GUIDELINES BY THE R1 BANK IS DECIDED BY THE R3 DEPUTY GOVERNOR, RBI, MUMBAI AND ETC. - 5 - HC-KAR NC: 2025:KHC:31713 WP No. 7515 of 2022 C/W WP No. 1016 of 2022 THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN ORAL JUDGMENT W.P.No.7515/2022 is filed seeking the following reliefs; "(a) Direct the respondents 1 to 3 to pay whatever the remuneration payable to the petitioner company for having executed the project works excluding the amount covered by the order of this Hon'ble Court dated 17-11- 2021 in W.P.No. (1) 104362/2021 (GM-RES) (2) W.P. No. 104363/2021 (GM-RES) (3) W.P.No.104365/2021 (GM- RES) vide Annexure-L, M and N respectively as the same is applicable to be paid to GST, statutory payments, workers salary, sub contractor's payment etc. which amounts to Rs.17 crores and the 4th respondent bank may be directed to restore the property of the petitioner company and hand over all the title deeds (property documents) to the petitioner company along with discharging the guaranteeships of 2nd and 3rd petitioners." 2. W.P.No.1016/2022 is filed seeking the following reliefs; "(a) Direct the Respondents 1 and 2 to defer all further proceedings pursuant to the notice dated 03.01.2022 Ref No. TAX/CR 114/2021-22 issued by the Tahsildar, Mangaluru Taluk, D.K. District vide Annexure-H till the - 6 - HC-KAR NC: 2025:KHC:31713 WP No. 7515 of 2022 C/W WP No. 1016 of 2022 matter of violation of RBI guidelines by the first respondent bank is decided by the third respondent Deputy Governor, RBI, Mumbai. 3. It is submitted by the learned counsel appearing for the respondents that the petitioners have already approached the Debt Recovery Tribunal (DRT) by filing SA No.216/2022 and that the said SA is pending consideration before the DRT. 4. In the above view of the matter, leaving open all the contentions of the parties to be agitated in the pending SA, both writ petitions are disposed of. Sd/- (ANU SIVARAMAN) JUDGE PN List No.: 1 Sl No.: 19