- 1 - HC-KAR NC: 2026:KHC:32061 WP No. 6227 of 2011 C/W WP No. 7109 of 2011 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO.6227 OF 2011 (GM-RES) C/W WRIT PETITION NO.7109 OF 2011 (GM-RES) IN W.P.NO.6227/2011: BETWEEN: 1. MRF LTD., SURVEY NO.14, 19TH KM TUMKUR ROAD, MAKALI POST BENGALURU-562 123 REP. BY ITS OFFICE MANAGER GEORGE ROY 2. MR. ALBANS CASTELINO AGED 35 YEARS SURVEY NO.14, 19TH KM TUMKUR ROAD, MAKALI POST BENGALURU-562 123 …PETITIONERS (BY SRI RAJESH VELLAKKAT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH THE ASSISTANT CONTROLLER OF LEGAL METROLOGY BENGALURU Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32061 WP No. 6227 of 2011 C/W WP No. 7109 of 2011 2. THE INSPECTOR OF LEGAL METROLOGY YESHWANTHPUR SUB DIVISION BENGALURU …RESPONDENTS (BY SRI MAHANTESH SHETTAR, A.G.A.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SEIZURE PROCEEDINGS DATED 25.11.2010 VIDE ANNEXURE-A AND ANNEXURE-B, ISSUED BY THE RESPONDENT AND TO DIRECT THE RESPONDENT NO.2 TO RETURN BACK TO THE PETITIONER THE SEIZED GOODS AND ETC. IN W.P.NO.7109/2011: BETWEEN: 1. MRF LTD., NO.124, GREAMS ROAD CHENNAI-600 006 REPRESENTED BY ITS OFFICE MANAGER GEORGE ROY AGED 42 YEARS 2. M/S. JAMATHIS TYRE (P) LTD., #4 & 5, CORPORATION BUILDING J.C. ROAD, BENGALURU-02 REPRESENTED BY MR. B. N. PRAKASH AGED 50 YEARS ...PETITIONERS (BY SRI RAJESH VELLAKKAT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH THE ASSISTANT CONTROLLER OF LEGAL METROLOGY BENGALURU - 3 - HC-KAR NC: 2026:KHC:32061 WP No. 6227 of 2011 C/W WP No. 7109 of 2011 2. THE INSPECTOR OF LEGAL METROLOGY RAJAJINAGAR, A & T UNIT, # 217 KEMPEGOWDA LAYOUT LAGGERE RING ROAD BENGALURU-560 058 ...RESPONDENTS (BY SRI MAHANTESH SHETTAR, A.G.A.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SEIZURE PROCEEDINGS DATED 25.11.2010 VIDE ANNEXURE-A ISSUED BY THE RESPONDENT AND TO DIRECT THE R-2 TO RETURN BACK TO THE PETITIONER THE SEIZED GOODS AND ETC. THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioners in both the writ petitions, the company carrying on the business of manufacture and trading of tyres and also having distributorship and retail outlets all over the country. 2. That by Order dated 25.11.2010, the respondent- Authority initiated seizure proceedings in purported exercise of Section 30 and 31 of the Standard Weights and Measures Enforcement Act, 1985 (hereinafter referred to as 'the Act, 1985'). Thereafter, the respondent-Authority issued a - 4 - HC-KAR NC: 2026:KHC:32061 WP No. 6227 of 2011 C/W WP No. 7109 of 2011 compounding notice dated 27.01.2011 as per Annexure-G in W.P.No.6227/2011 and a notice dated 02.02.2011 as per Annexure-D in W.P.No.7109/2011, calling upon the petitioner to appear for the enquiry. Aggrieved by the aforesaid order of seizure and Notice, petitioner is before this Court. 3. Learned counsel for the petitioners taking this Court through the records submits that the primary grievance of the petitioner is with regard to the issuance of compounding notice dated 27.01.2011 as per Annexure-G. In terms of which, the respondent-Authority has called upon the petitioners, duly represented by its authorized officers to be present for the enquiry and to pay a compounding fee of Rs.1,00,000/-. He submits that said notice was issued on 27.01.2011 and the hearing date was fixed on the very same date at 11:00 a.m. He submits that such a notice apart from being illegal and opposed to principles of natural justice, has caused serious prejudice to the petitioners. 4. He submits, as regards the case in W.P.No.7109/2011, the compounding notice has been issued on 02.02.2011 as per Annexure-D and fixing the date of hearing on 14.02.2011. - 5 - HC-KAR NC: 2026:KHC:32061 WP No. 6227 of 2011 C/W WP No. 7109 of 2011 5. On a query by this Court, learned counsel for the petitioner submits that no further action has been taken as contemplated under Section 72 of the Act, 1985. It is his case that very process of seizure and issuance of a compounding notice is a malafide exercise of power. 6. After arguing the matter for sometime, he however submits that subsequent to filing of the petition, there has been change in law and that if the respondent-Authority are directed to consider the case of the petitioners, taking into consideration of the changed position of law, the purpose of the petition would be served. 7. Learned AGA, on the other hand, submits that the respondent-Authority has merely seized the material found to be in contravention of the provisions of law and the notice as contemplated under law for compounding the said offence was issued and there has been no determination of the matter and no steps as contemplated under Section 72 of the Act, 1985 has been taken either. Thus, he submits the petition is premature. He also submits that in the light of the change in - 6 - HC-KAR NC: 2026:KHC:32061 WP No. 6227 of 2011 C/W WP No. 7109 of 2011 the regime, if given a direction, respondent-Authority will look into the matter and pass appropriate order in the matter. 8. Submissions placed on record. 9. In that view of the matter, following: ORDER (i). Petitions are disposed of. (ii). The respondent No.2-Authority shall provide an opportunity of being heard to petitioner. (iii). The petitioner is at liberty to furnish further response and documents, if need be and the respondent-Authority shall pass appropriate order thereon. Particularly keeping in mind the changed position of law in the due course. (iv). Such order shall be passed within an outer limit of 90 days from the date of receipt of certified copy of this order. (v) In the meanwhile, no coercive action shall be taken against the petitioners. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 19