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2026 DAILYLAW 38107 (KAR)

AKSHAY FOOD PARK LTD v. UNION OF INDIA

WA/503/2025 · 2026-09-02

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010218802025 NC: 2026:KHC:47806-DB WA No. 503 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT APPEAL NO.503 OF 2025 (GM-RES) BETWEEN: AKSHAY FOOD PARK LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO.1091, 3RD FLOOR, SAMPANNAPPA DIAMOND COMPLEX, OTC ROAD, BENGALURU-560 002. ALSO AT NO.58/59, KARISHMA FARMS, GUBBALALA, SUBRAMANYAPURA POST, KANAKAPURA ROAD, BENGALURU - 560 061. REP. BY ITS MANAGING DIRECTOR, SRI. M. NARAYANA SWAMY S/O LATE SRI. B. MUNIYAPPA. …APPELLANT (BY SRI. RAJESWARA P.N., ADVOCATE) AND: 1. UNION OF INDIA REP. BY ITS PRINCIPAL SECRETARY MINISTRY OF FOOD PROCESSING INDUSTRIES (MOFPI) PANCHSHEEL BHAWAN, AUGUST KRANTI MARG, Digitally signed by C K LATHA Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010218802025 NC: 2026:KHC:47806-DB WA No. 503 of 2025 KHELGAON, NEW DELHI – 110049. 2. STATE OF KARNATAKA REPRESENTED BY THE SECRETARY TO GOVERNMENT AGRICULTURE DEPARTMENT, 2ND FLOOR, M.S. BUILDING, BENGALURU – 560 001. 3. THE COMMISSIONER, DEPARTMENT OF AGRICULTURE, SESHADRI ROAD, NEAR KR CIRCLE, OPPOSITE SJP COLLEGE, BENGALURU – 560 009. 4. THE SPECIAL SECRETARY DEPARTMENT OF FOOD PROCESSING & HARVEST TECHNOLOGY, GOVERNMENT OF KARNATAKA 4TH FLOOR, 5TH GATE, M.S. BUILDING, BENGALURU – 560 001. 5. FOOD KARNATAKA LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO.17, GENERAL K.S. THIMAYYA ROAD (RICHMOND ROAD), BENGALURU – 560 025, REP. BY ITS MANAGING DIRECTOR. 6. KARNATAKA AGRICULTURE PRODUCE PROCESSING AND EXPORT CORPORATION LIMITED (KAPPEC) A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO.17, GENERAL K.S. THIMAYYA ROAD (RICHMOND ROAD), BENGALURU-560025. REP. BY ITS MANAGING DIRECTOR. - 3 - HC-KAR CNR: KAHC010218802025 NC: 2026:KHC:47806-DB WA No. 503 of 2025 7. STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, COMMERCE & INDUSTRIES DEPARTMENT, VIKASA SOUDHA, BENGALURU – 560 001. 8. THE COMMISSIONER FOR ID AND DIRECTOR FOR I & C, DEPARTMENT OF INDUSTRIES AND COMMERCE, #49, KHANIJA BHAVAN, SOUTH WING, RACE COURSE ROAD, BENGALURU – 560 001. 9. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO.49, 4TH & 1ST FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU – 560 001, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER & EXECUTIVE MEMBER. 10. STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY DEPARTMENT OF FINANCE, ROOM NO.255, VIDHANA SOUDHA, AMBEDKAR BHEEDHI, SAMPANGI RAMA NAGARA, BENGALURU – 560 001. 11. NATIONAL BANK FOR AGRICULTURE AND RURAL DEVELOPMENT, (NABARD) & NABARD CONSULTANCY SERVICES (NABCONS), REGIONAL OFFICE, 46, NABARD TOWERS, KEMPEGOWDA ROAD, KARNATAKA, BENGALURU – 560 009. REP. BY ITS REGIONAL OFFICER. 12. KARNATAKA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT - 4 - HC-KAR CNR: KAHC010218802025 NC: 2026:KHC:47806-DB WA No. 503 of 2025 CORPORATION, (KSIIDC) A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT 4TH FLOOR, KHANIJA BHAVAN, 49, RACE COURSE RD, RACE COURSE, EAST WING, BENGALURU – 560 001, REP. BY ITS MANAGING DIRECTOR. …RESPONDENTS (BY SRI. S.R. KHAMROZ KHAN, AGA FOR R-2 TO R-4, R-7 AND R-10; SMT. RUPA RON, ADVOCATE FOR SRI. KIRAN V. RON, ADVOCATE FOR C/R-5; SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R-9) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 21.02.2025 IN W.P.NO.29046/2024 (GM-RES), PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellant has filed the present appeal impugning an order dated 21.02.2025 passed by the learned Single Judge in Writ Petition No. 29046/2024 [GM-RES]. - 5 - HC-KAR CNR: KAHC010218802025 NC: 2026:KHC:47806-DB WA No. 503 of 2025 2. The appellant had filed the said writ petition seeking several reliefs including a prayer that the Commercial Suit (Com.O.S.No.504/2023), which was filed by respondent No.5 for recovering the loan amount to be set aside. The learned Single Judge found the said prayer to be unsustainable. The learned Single Judge also observed that in the guise of seeking implementation of certain directions to the State, the appellant was in fact seeking to avoid the recovery proceedings. Accordingly, dismissed the petition. However, the learned Single Judge also observed that if a representation is made by the appellant to the Government or competent authority, they shall consider the same in accordance with law. 3. The learned counsel appearing for the appellant submits that although a representation was made in May 2025, owing to the fact that no time frame has been fixed by the learned Single Judge, the same is yet not been disposed of. He submits he will be satisfied if a direction is issued for disposal of the representation in a time- bound manner. 4. In view of the above, we dispose of the present appeal by directing the concerned authorities to consider the appellant’s - 6 - HC-KAR CNR: KAHC010218802025 NC: 2026:KHC:47806-DB WA No. 503 of 2025 representation as expeditiously as possible, preferably within a period of 12 weeks from date. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE CKL List No.: 1 Sl No.: 3