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2025 DAILYLAW 74022 (KAR)

M/S HOTEL CITY CENTAUR INTERNATIONAL PVT LIMITED v. THE RECOVERY OFFICER

WP/5062/2025 · 2025-08-06

B M Shyam Prasad

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:30521 WP No. 5062 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 5062 OF 2025 (GM-RES) BETWEEN: 1. M/S HOTEL CITY CENTAUR INTERNATIONAL PVT LIMITED MANAGING DIRECTOR, SRI. H.M. NATARAJA S/O. LATE MALLIKARJUNAIAH, AGED ABOUT 65 YEARS, G.T. ROAD, NO.74-79, NEAR SHANTHALA CIRCLE, BENGALURU - 560 023 (HOTEL BUSINESS COMPANY REGISTRATION ACT) 2. M/S. HOTEL CITY CENTAUR INTERNATIONAL PVT. LIMITED MANAGING DIRECTOR, SMT. M. RAJESWARI W/O. H.M. NATARAJA, AGED ABOUT 60 YEARS, G.T. ROAD, NO.74-79, NEAR SHANTHALA CIRCLE, BENGALURU - 560 023 (HOTEL BUSINESS) (COMPANY REGISTRATION ACT) 3. SRI. H.M. NATARAJA, S/O LATE MALLIKARJUNAIAH, AGED ABOUT 65 YEARS, NO.20, NHS ROAD, V.V. PURAM, BENGALURU - 560 004. … PETITIONERS (BY SRI. SOMASHEKHARAIAH R P., ADVOCATE) Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30521 WP No. 5062 of 2025 AND: 1. THE RECOVERY OFFICER EMPLOYEES STATE INSURANCE CORPORATION, NO. 10, BINNY FIELDS, BINNY PETE, BENGALURU-560 023. 2. THE BRANCH MANAGER, AXIS BANK LIMITED, CAUVERY BHAVAN BRANCH, BENGALURU - 560 009 3. THE BRANCH MANAGER, HDFC BANK, V V PURAM BRANCH, BENGALURU-560 004. 4. M/S. MAKE MY TRIP INDIA PRIVATE LIMITED 19TH FLOOR, TOWER A, B AND C, EPITOME BUILDING NO.5, DLF CYBER CITY, PHASE II, GURUGRAM, HARYANA - 122 002 (FINANCIAL INSTITUTION) (COMPANY REGISTRATION ACT) 5. THE BANK MANAGER FEDERAL BANK, BASAVANGUDI BRANCH, BENGALURU-560 004. 6. THE BRANCH MANAGER, KOTAK MAHENDRA BANK, KG ROAD BRANCH, BENGALURU - 560 009 … RESPONDENTS (BY SRI. B. PRAMOD, ADVOCATE FOR R1; SMT. JAI M. PATIL, ADVOCATE FOR R2, R3, R5 & R6) - 3 - HC-KAR NC: 2025:KHC:30521 WP No. 5062 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE DTD.07/01/2025 IN NO.KARCP/53000264560001102/ 4340 UNDER ANNEXURE-B 07/01/2025 IN NO.KARCP/ 53000264560001102/4353 UNDER ANNEXURE-B1, 09/01/2025 IN NO.KARCP/53000264560001102/4359 UNDER ANNEXURE-B2, 09/01/2025 IN NO.KARCP/ 53000264560001102/4390 UNDER ANNEXURE-B3, 15/03/2024 IN NO.KARCP/ 53000264560001102 UNDER ANNEXURE-B4 AND 20/03/2024 IN NO.KARCP/53000264560001102/2023 UNDER ANNEXURE-B5 AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners are aggrieved by the Garnishee Orders dated 07.01.2025/09.01.2025/ 15.03.2024/20.03.2024 [Annexure-B series]. It is pointed out by the learned counsels for the respondents that these impugned orders are consequent to the orders under Section 45A of the Employees’ State Insurance Act, 1948, and unless such orders are called in question under such statute, this Court cannot interfere with the - 4 - HC-KAR NC: 2025:KHC:30521 WP No. 5062 of 2025 consequential orders that are impugned in the present petition. They also emphasize that the impugned orders cannot be interfered with unless the orders under Section 45A of the Act is declared bad or interfered with. These are formidable submissions, and therefore, the petition stands disposed of with liberty to the petitioners to call in question the orders passed under Section 45A of the ESI Act and this liberty is subject to all just exceptions. Sd/- (B M SHYAM PRASAD) JUDGE VGR