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2026 DAILYLAW 12657 (KAR)

M/S ADITYA BIRLA CAPITAL LIMITED v. M/S SHREEMBE IMPRINTS PRIVATE LIMITED

WP/8481/2026 · 2026-04-01

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:17807 WP No. 8481 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 8481 OF 2026 (GM-DRT) BETWEEN: M/S. ADITYA BIRLA CAPITAL LIMITED 3RD FLOOR, NO.78, STAR AVENU, 6TH CROSS, VICTORIA LAYOUT, BANGALORE - 560 047. REPRESENTED BY ITS AUTHORIZED OFFICER MR. AKASH N.A. …PETITIONER (BY SRI. K.V. LOKESH, ADVOCATE) AND: 1. M/S. SHREEMBE IMPRINTS PRIVATE LIMITED THROUGH ITS DIRECTOR VASANITHI K HAVING ITS OFFICE AT NO.261, KIADB HEBBAL INDUSTRIAL ARIA MYSORE, KARNATAKA - 570 018 ALSO AT 2B 1, VASU LAYOUT, DATTAGALLI, 3RD STAGE RAMASRISHANA NAGARA, MYSORE, KARNATAKA - 570 022 ALSO AT NO.70/1, 71/1, 71/2, KIADB, ADAKANA HALLI, INDUSTRIAL ARIA, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17807 WP No. 8481 of 2026 NANJANAGUD, MYSORE, KARNATAKA - 571 302. ALSO AT NO.2, VASU, GRUHA SANGA LTO, DATTAGALLI BODAVANE, CHAMARAJ MOHALLA, MYSORE - 570 022. ALSO AT MIG-1-676, SECOND FLOOR, 3RD STAGE BOGADI LAYOUT, CHAMARAJ MOHALLA MYSORE - 570 022. 2. MRS. VASANITHI K DIRECTOR OF M/S. SHREEAMBE IMPRINTS PRIVATE LIMITED NO.261, KIADB HEBBAL INDUSTRIAL ARIA MYSORE, KARNATAKA - 570 018. ALSO AT 2B 1, VASU LAYOUT, DATTAGALLI, 3RD STAGE RAMASRISHANA NAGARA, MYSORE, KARNATAKA - 570 022 ALSO AT NO.70/1, 71/1, 71/2, KIADB, ADAKANA HALLI, INDUSTRIAL ARIA, NANJANAGUD, MYSORE, KARNATAKA - 571 302. ALSO AT NO.2, VASU, GRUHA SANGA LTO, DATTAGALLI BODAVANE, CHAMARAJ MOHALLA, MYSORE - 570 022. ALSO AT MIG-1-676, SECOND FLOOR, 3RD STAGE BOGADI LAYOUT, CHAMARAJ MOHALLA MYSORE - 570 022. - 3 - HC-KAR NC: 2026:KHC:17807 WP No. 8481 of 2026 3. MR. NAGARAJ PUTTANARAYANAPPA NO. 261, KIADB HEBBAL INDUSTRIAL ARIA MYSORE, KARNATAKA - 570 018. ALSO AT 2B 1, VASU LAYOUT, DATTAGALLI, 3RD STAGE RAMASRISHANA NAGARA, MYSORE, KARNATAKA - 570 022 ALSO AT NO.70/1, 71/1, 71/2, KIADB, ADAKANA HALLI, INDUSTRIAL ARIA, NANJANAGUD, MYSORE, KARNATAKA - 571 302. ALSO AT NO.2, VASU, GRUHA SANGA LTO, DATTAGALLI BODAVANE, CHAMARAJ MOHALLA, MYSORE - 570 022. ALSO AT MIG-1-676, SECOND FLOOR, 3RD STAGE BOGADI LAYOUT, CHAMARAJ MOHALLA MYSORE - 570 022. 4. MR. B.P. UDAYARAJE URS NO. 261, KIADB HEBBAL INDUSTRIAL ARIA MYSORE, KARNATAKA - 570 018. ALSO AT 2B 1, VASU LAYOUT, DATTAGALLI, 3RD STAGE RAMASRISHANA NAGARA, MYSORE, KARNATAKA - 570 022 ALSO AT NO.70/1, 71/1, 71/2, KIADB, ADAKANA HALLI, INDUSTRIAL ARIA, - 4 - HC-KAR NC: 2026:KHC:17807 WP No. 8481 of 2026 NANJANAGUD, MYSORE, KARNATAKA - 571 302. ALSO AT NO.2, VASU, GRUHA SANGA LTO, DATTAGALLI BODAVANE, CHAMARAJ MOHALLA, MYSORE - 570 022. ALSO AT MIG-1-676, SECOND FLOOR, 3RD STAGE BOGADI LAYOUT, CHAMARAJ MOHALLA MYSORE - 570 022. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTIUTION OF INDIA PRAYING TO ISSUES A WRIT OF MANDAMUS BY ISSUING DIRECTION TO THE HONBLE CJM COURT, MYSURU TO EXPEDITE HEARING AND THEREAFTER PASS ORDERS IN CRL.MISC.386/2025 VIDE ANNUXURE- A IN ACCORDANCE WITH LAW IN THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 5 - HC-KAR NC: 2026:KHC:17807 WP No. 8481 of 2026 ORAL ORDER The present writ petition is filed seeking the following prayer: "WHEREFORE, the Petitioner prays that this Hon'ble Court may be pleased to; (a) Issue a Writ of Mandamus by issuing direction to the Hon'ble III Addl. Senior Civil Judge and CJM Court, Mysuru to expedite hearing and thereafter pass orders in Crl.Misc.No.386/2025 vide Annexure-A in accordance with law in the ends of Justice. (b) Grant such other relief as deemed fit to this Hon'ble Court in the facts and circumstances of the case." 2. It is submitted by the learned counsel for the petitioner that the learned Magistrate is not disposing of Crl.Misc.No.386/2025, this Court had called for a report. A report dated 18.03.2026 is placed before this Court, which reads thus, "With reference to above subject, I humbly submit that the petitioner by name M/s Aditya Birla Capital Limited company has filed petition U/S 14 of SARFAESI Act in Crl. Misc. No.386/2025 to pass an order for taking vacant possession of the schedule property U/S 14 of SARFAESI Act. After filing of the said petition, on 18.09.2025 the notice to respondent was dispensed with and case was adjourned for producing original documents and for hearing on main matter. Thereafter - 6 - HC-KAR NC: 2026:KHC:17807 WP No. 8481 of 2026 on 04.11.2025 the petitioner counsel filed memo with documents and prays time for clarification about the second loan amount which is not stated in Mortgage Deed. Thereafter on 24.11.2025 the case is adjourned for orders on main petition after clarification made by counsel for petitioner. When the case file came to chamber on 08.12.2025 it is noticed that the name of respondent No. 2 is wrongly mentioned in the cause title of the petition. Subsequently on 24.12.2025 and on 02.02.2026 the petitioner counsel prays time to file necessary amendment application. Subsequently on 03.02.2026 the petitioner counsel had advanced the case and filed application for amendment of cause title in the petition. Thereafter on 17.02.2026 this court has passed order for amendment of cause title in the petition and adjourned the case on 02.03.2026 for necessary amendment. On 19.02.2026 the petitioner counsel again advanced the case and carried out amendment and furnished amended petition. Thereafter heard the counsel for petitioner on main matter and case is adjourned for orders on main matter on 02.03.2026. On 02.03.2026 it is noticed that the petitioner counsel has not produced title deeds in respect of the properties mentioned in the petition and also clarification is sought in respect of second loan which is not mentioned in Deposit of Title Deeds. Since the petitioner himself wrongly stated the name respondent No. 2 in the cause title of the petition and also not provided required document for passing of the order, the final order could not passed on said dates when the matter is adjourned for orders on main matter. There is no delay on the part of the court to - 7 - HC-KAR NC: 2026:KHC:17807 WP No. 8481 of 2026 pass the order on main petition. All the petitions U/S 14 of SARFAESI Act would be disposed off within two months if petitioner furnished all the relevant documents. Since the petitioner himself wrongly stated the name of the respondent No.2 and not produced the relevant documents in time, order could not be passed on main matter. If the necessary documents are produced as stated in the Order Sheet dated 02.03.2026, the final orders would be passed immediately. This is for your lordship's kind consideration and I humbly beg to consider my submission." 3. In view of the same, this Court finds no reasons to direct the learned Magistrate to dispose of Crl.Misc.No.386/2025. Hence, this Court is passing the following: ORDER i. Accordingly, the writ petition is dismissed. ii. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN/List No.: 1 Sl No.: 31