- 1 - HC-KAR NC: 2026:KHC:28410 WP No. 14997 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 14997 OF 2024 (GM-CPC) BETWEEN: SRI. DIWAKAR MAHABALA SHETTY S/O MAHABALA SHETTY, AGED ABOUT 80 YEARS NO.18, R. V. LAYOUT, KUMARAPARK WEST, BANGALORE-560 020 …PETITIONER (BY SRI. MANJUNATH K.V., ADVOCATE) AND: 1. M/S SILICORE INDUSTRIES NO.7, SY NO.7/3, KACHOHALLI VILLAGE, DASANAPIRA HOBLI, NEAR NICE RING ROAD, MAGADI MAIN ROAD, BENGALURU-560 091 REPRESENTED BY ITS MANAGING PARTNER, SRI. RASHMIKANT MEHTA, S/O LATE JAMANADAS MEHTA, AGED ABOUT 60 YEARS 2. M/S RIMA TRANSFORMERS AND CONDUCTORS PVT. LTD., OFFICE AT NO. 18-D, 2ND PHASE, PEENYA INDUSTRIAL AREA, BENGALURU-560 058 REPRESENTED BY ITS Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28410 WP No. 14997 of 2024 AUTHORIZED SIGNATORY/DIRECTOR …RESPONDENTS (BY SRI. R.V. NAIK, ADVOCATE FOR R1 NOTICE TO R2 IS DISPENSED WITH V/O/D: 28/08/2024) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNEXURE-J THE ORDER ON IA 2 FILED UNDER SECTION 151 OF CPC DATED 30/05/2024 PASSED BY LXXXIV ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (COMMERCIAL COURT - CCH-85) AND ALLOW THE IA NO. 2 IN EX.NO.479/2023 FILED BY THE PETITIONER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, 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 orders passed on I.A.No.2 in Ex.No.479/2023 dated 30.05.2024 by the LXXXIV Addl. City Civil & Sessions Judge, Bangalore, whereby the executing court has rejected the application filed by the JDR, who is the petitioner before this court. 2. The JDR has filed an application under Section 151 CPC to recall the order dated 06.11.2023. It is his case that basing on the application filed by the DHR attachment warrant for the movable properties was issued without proper verification. It is the case that the properties do not stand in the name of the - 3 - HC-KAR NC: 2026:KHC:28410 WP No. 14997 of 2024 company and it stands in the name of the Director. The executing court, by order impugned has rejected the application and while rejecting the application, the court has observed that after perusing the attached documents to the list of movables, the name of the JDR Company is not mentioned. Only the registration number is mentioned. The owner's name is mentioned as Diwaka M.Shetty who has filed the affidavit annexed to this application. The decision referred not come to the aid of the JDR company, therefore, there are no grounds to consider and rejected the application. 3. Learned counsel appearing for the petitioner submits that when an award is passed against the company, the properties belonging to the director of the company cannot be attached and when this is brought to the notice of the executing court, the executing court observed that the property stands in the name of the Director, but still rejected the application which is arbitrary and same needs to be set aside. 4. Learned counsel appearing for the respondent submits that the executing court had rightly rejected the application. - 4 - HC-KAR NC: 2026:KHC:28410 WP No. 14997 of 2024 5. Having heard the learned counsels on either side, perused the entire material on record. When an application is filed by the JDR stating that the award is against the company and the properties of the director of the company are attached, the executing court having given a finding that the vehicle stands in the name of the Director, still the executing court has rejected the application. On the face of it, the order that is passed by the executing court is bereft of reasons and the same cannot be sustained. 6. Accordingly, this court is passing the following: ORDER i. The order passed on I.A.No.2 in Ex.No.479/2023 dated 30.05.2024 by the LXXXIV Addl. City Civil & Sessions Judge, Bangalore is set aside and the matter is remanded back to the executing court for fresh consideration of the matter on merits in accordance with law. ii. All the contentions are left open to the parties. - 5 - HC-KAR NC: 2026:KHC:28410 WP No. 14997 of 2024 iii. Accordingly, the writ petition is Allowed. iv. All pending I.As., in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 7