- 1 - HC-KAR NC: 2026:KHC:7175 WP No. 2189 of 2026 C/W WP No. 33845 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 2189 OF 2026 (GM-CPC) C/W WRIT PETITION NO. 33845 OF 2025 (GM-CPC) IN WP No. 2189/2026 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 INSTITUTION 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 REGISTERED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT NO. 103, SOBHA JADE, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7175 WP No. 2189 of 2026 C/W WP No. 33845 of 2025 BEHIND JAKKUR FLYING CLUB, JAKKUR, BENGALURU – 560 065 REP BY ITS AUTHORIZED SIGNATORY …RESPONDENTS (BY SRI. MOHSIN KHAN PATHAN, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDERS DATED 25.09.2025 (ANNEXURE-A) PASSED BY THE LEARNED LXXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE, (CCH-90) IN THE PROCEEDINGS IN COM. EX. NO. 630/2023 AND ETC., IN WP NO. 33845/2025 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: M/S KBN INSTITUTION 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. ...RESPONDENT (BY SRI. MOHSIN KHAN PATHAN.,ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECTION(S) DECLARING THAT THE EXECUTION PROCEEDINGS IN COM. - 3 - HC-KAR NC: 2026:KHC:7175 WP No. 2189 of 2026 C/W WP No. 33845 of 2025 EX. NO. 630/2023, IN SO FAR AS THEY PURPORT TO PROCEED PERSONALLY AGAINST THE PETITIONER, ARE WITHOUT JURISDICTION, NULL AND VOID, AND THAT THE PETITIONER IS NOT A JUDGMENT DEBTOR UNDER THE DECREE DATED 30.06.2016 AND ETC., THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In W.P.No.2189/2026, petitioner seeks for the following reliefs:- “A. Issue an appropriate writ(s), order(s) or direction(s) including but not limited, in the nature of Certiorari quashing the order dated 25.09.2025 (Annexure-A) passed by the Learned LXXXIX Additional City Civil and Sessions Judge, Bangalore (CCH-90), in the proceedings in Com.Ex.No.630/2023. B. Issue an appropriate writ(s), order(s) or direction(s) including but not limited, in the nature of Certiorari, quashing the order dated 15.10.2025 (Annexure-A) passed by the Learned LXXXIX Additional City Civil and Sessions Judge, Bangalore (CCH-90), in the proceedings in Com.Ex.No.630/2023. C. Issue appropriate order(s) or direction(s), imposing suitable compensation payable to the Petitioner for the unlawful deprivation of liberty and abuse of process in executing a decree against a non-party without due process of law; - 4 - HC-KAR NC: 2026:KHC:7175 WP No. 2189 of 2026 C/W WP No. 33845 of 2025 D. Grant such other relief or reliefs as this Hon’ble Court many deem fit to grant, including the costs of the Petition, in the facts and circumstances of the present case, in the interest of justice.” In W.P.No.33845/2025, petitioner seeks for the following reliefs:- “A. Issue an appropriate writ(s), order(s) or direction(s) declaring that the execution proceedings in Com.Ex.No.630/2023, in so far as they purport to proceed personally against the Petitioner, are without jurisdiction, null and void, and that the Petitioner is not a Judgment Debtor under the decree dated 30.06.2016; B. Issue an appropriate writ(s), order(s) or direction(s) including but not limited, in the nature of Certiorari, quashing the order dated 06.11.2025 passed by the Learned LXXXIX Additional City Civil and Sessions Judge, Bangalore in I.A.No.2 in the proceedings in Com.Ex.No.630/2023; (Annexure-A) C. Dismiss the Interlocutory Application in I.A.No.2 filed by the Respondent in the proceedings in Com.Ex.No.630/2023 on the file of Hon’ble LXXXIX Additional City Civil and Sessions Judge, Bangalore; (ANNEXURE-F) D. Issue an appropriate writ(s), order(s) or direction(s) for restoration of the amount of Rs.35,00,000/- (Rupees Thirty Five Lakhs only) together with accrued interest, - 5 - HC-KAR NC: 2026:KHC:7175 WP No. 2189 of 2026 C/W WP No. 33845 of 2025 wrongly directed for release to the Respondent- Decree Holder pursuant to the Impugned Order dated 06.11.2025, and further directing that the said amount be re-depositors and released to the Petitioner and/or the original depositors, as the said deposit was made under coercive conditions for securing the Petitioner’s release from custody and not in satisfaction of the decree; and E. Grant such other relief or reliefs as this Hon’ble Court may deem fit to grant, including the costs of the Petition, in the facts and circumstances of the present case, in the interest of justice.” 2. A perusal of the material on record will indicate that the respondent-Decree holder instituted the aforesaid execution proceedings against the Judgment Debtor-M/s. Asian Health Alliance, which is a private limited company. The petitioner in both the petitions happens to be one of the Directors of the JDR company. The Executing Court having issued the arrest warrant on 25.09.2025 and 15.10.2025 as against the petitioner, he has preferred the present petition in W.P.No.2189/2026. So also, aggrieved by the impugned order dated 06.11.2025 directing release of the amount deposited by the petitioner, petitioner has preferred the connected writ petition in W.P.No.33845/2025. - 6 - HC-KAR NC: 2026:KHC:7175 WP No. 2189 of 2026 C/W WP No. 33845 of 2025 3. Heard learned counsel for the petitioner and learned counsel for he respondents and perused the material on record. 4. Though several contentions have been urged by both sides in support of their respective claims, it is a matter of record and an undisputed fact that the petitioner has not filed objections to the Execution petition before the Commercial Court. It is also not in dispute that the amount deposited by the petitioner in a sum of Rs.35 lakhs is deposited before the Executing Court. Under these circumstances, having regard to the fact that the petitioner has been released subsequent to depositing the aforesaid amount of Rs.35 lakhs before the Executing court, without prejudice to his rights and contentions and without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to set aside the impugned order dated 25.09.2025 issuing arrest warrant as against the petitioner as well as the impugned order dated 06.11.2025 challenged in W.P.No.33845/2025 and remit both the matters back to the Executing Court for reconsideration afresh in accordance with law by leaving open all contentions. - 7 - HC-KAR NC: 2026:KHC:7175 WP No. 2189 of 2026 C/W WP No. 33845 of 2025 5. In the result, I pass the following:- ORDER (i) Both the petitions are hereby allowed. (ii) The impugned orders dated 25.09.2025, 15.10.2025 and 06.11.2025 passed in Com.Ex.No.630/2023 by the Executing court are hereby set aside. (iii) Both the matters are remitted back to the Executing Court for reconsideration afresh in accordance with law. (iv) The petitioner shall file objections on the next date of hearing of the proceedings which currently stands posted to 03.03.2026 without seeking any adjournment under any circumstances whatsoever. (v) Liberty is also reserved in favour of the respondent to file additional pleadings, documents etc., before the Executing Court. (vi) The Executing Court shall consider the rival contentions and pass appropriate orders afresh in accordance with law within a period of one month from 03.03.2026. Sd/- (S.R.KRISHNA KUMAR) JUDGE SRL