TARA PRASAD MOHAPATRA v. M/S KBN INSTITUION OF MEDICAL SCIENCE
WP/16242/2026 · 2026-06-09
Lalitha Kanneganti
body2026
DailyLaw.ai
[ 2026 DAILYLAW 21398 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 21398 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:27742 WP No. 16242 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 16242 OF 2026 (GM-CPC) BETWEEN:
TARA PRASAD MOHAPATRA SON OF J N MOHAPATRA, AGED ABOUT 70 YEARS, RESIDING AT NO. 103 SOBHA JADE, BEHIND JAKKUR FLYING CLUB, JAKKUR, BANGALORE -560 064 DIRECTOR OF M/S.ASIAN HEALTH ALLIANCE PRIVATE LIMITED …PETITIONER (BY SRI. AKSHAY KUMAR JAIN V., ADVOCATE)
AND:
1.
M/S KBN INSTITUION OF MEDICAL SCIENCE HOSPITAL AND MEDICAL COLLEGE AND HOSPITAL A MEDICAL COLLEGE AND HOSPITAL SET UP BY KHAJA EDUCATION SOCIETY, RAUZA BUZURG, GULBARGA -595 104, KARNATAKA.
REPRESENTED BY ITS SECRETARY GENERAL
2.
M/S. ASIAN HEALTH ALLIANCE PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING REGISTERED OFFICE AT
Digitally signed by SUVARNA T Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:27742 WP No. 16242 of 2026
NO. 103 SOBHA JADE, BEHIND JAKKUR FLYING CLUB, JAKKUR, BANGALORE- 560 064.
REPRESENTED BY ITS AUTHORISED SIGNATORY. …RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE AN APPROPRIATE WRIT(S), ORDER(S) OR DIRECTION(S), INCLUDING BUT NOT LIMITED, IN THE NATURE OF CERTIORARI, QUASHING THE ORDER DATED 24.04.2026 PASSED BY THE LEARNED LXXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE, INSOFAR AS IT DIRECTS INQUIRY IN THE PERSONAL ASSETS OF THE PETITIONER IN THE PROCEEDINGS IN COM. EX. NO.
630/2023 (ANNEXURE A).
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
The present writ petition is filed aggrieved by the order passed in COM.Ex.No.630/2023 dated 24.04.2026 by the LXXXIX Addl. City Civil & Sessions Judge, Bangalore, whereby the executing court has recorded the submission of the counsel for the petitioner that he has furnished all relevant information to the best of his knowledge and ability and also undertakes to keep present petitioner, so that the other side counsel can
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HC-KAR NC: 2026:KHC:27742 WP No. 16242 of 2026
conduct inquiry with regard to the assets of the said person, the petitioner is before this court.
2. Learned counsel appearing on behalf of the petitioner submits that the decree is against the company and they cannot proceed against the properties of the Director and it is not permissible. Hence the order dated 24.04.2026 needs to be set aside.
3. Having heard the learned counsel for the petitioner, perused the order passed by the executing court. This Court is not able to appreciate the submission made by the petitioner. In the order that is impugned herein, the Executing Court has only recorded the submissions that are made on behalf of the counsel for the petitioner. Except that, no other order is passed. If according to the petitioner such a submission is not made by the counsel for the petitioner, that could be brought to the notice of the court by way of an appropriate application and the executing court will consider the same.
4. This court cannot consider such a plea of the petitioner that though such a submission is not made, the executing court
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HC-KAR NC: 2026:KHC:27742 WP No. 16242 of 2026
has recorded in the order and this court do not find any reasons to interfere with the same.
5. Accordingly, this court is passing the following:
ORDER i. The writ petition is disposed of giving liberty to the petitioner to seek clarification from the very same court which has passed the order. ii. All pending I.As., in the writ petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
TS List No.: 3 Sl No.: 21