Mohammed Mansoor Khan vs The Competent Authority

Citation : 2025 Latest Caselaw 9411 Kant
Judgement Date : 27 October, 2025

Karnataka High Court

Mohammed Mansoor Khan vs The Competent Authority on 27 October, 2025

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU
     DATED THIS THE 27TH DAY OF OCTOBER, 2025
                       PRESENT
     THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
                           AND
    THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
 MISCELLANEOUS FIRST APPEAL NO.3055 OF 2022(RES)
                      C/W
 MISCELLANEOUS FIRST APPEAL NO.3403 OF 2022(RES),
 MISCELLANEOUS FIRST APPEAL NO.3605 OF 2022(RES),
 MISCELLANEOUS FIRST APPEAL NO.3606 OF 2022(RES),
 MISCELLANEOUS FIRST APPEAL NO.3607 OF 2022(RES),
 MISCELLANEOUS FIRST APPEAL NO.3608 OF 2022(RES),
 MISCELLANEOUS FIRST APPEAL NO.3609 OF 2022(RES),
 MISCELLANEOUS FIRST APPEAL NO.3610 OF 2022(RES),
 MISCELLANEOUS FIRST APPEAL NO.3611 OF 2022(RES),
 MISCELLANEOUS FIRST APPEAL NO.3612 OF 2022(RES),
 MISCELLANEOUS FIRST APPEAL NO.3640 OF 2022(RES),
 MISCELLANEOUS FIRST APPEAL NO.3642 OF 2022(RES),
 MISCELLANEOUS FIRST APPEAL NO.3645 OF 2022(RES),
 MISCELLANEOUS FIRST APPEAL NO.3646 OF 2022(RES),
 MISCELLANEOUS FIRST APPEAL NO.3648 OF 2022(RES),
 MISCELLANEOUS FIRST APPEAL NO.3650 OF 2022(RES),
 MISCELLANEOUS FIRST APPEAL NO.3652 OF 2022(RES),
 MISCELLANEOUS FIRST APPEAL NO.3654 OF 2022(RES),
 MISCELLANEOUS FIRST APPEAL NO.3656 OF 2022(RES),
 MISCELLANEOUS FIRST APPEAL NO.3657 OF 2022(RES),
 MISCELLANEOUS FIRST APPEAL NO.3658 OF 2022(RES),
 MISCELLANEOUS FIRST APPEAL NO.3659 OF 2022(RES),
 MISCELLANEOUS FIRST APPEAL NO.3660 OF 2022(RES),
 MISCELLANEOUS FIRST APPEAL NO.3661 OF 2022(RES),
                      AND
 MISCELLANEOUS FIRST APPEAL NO.4307 OF 2022(RES)

IN MFA.NO.3055/2022:

BETWEEN:

MOHAMMED MANSOOR KHAN,
S/O. LATE ABID ALI KHAN,
AGED ABOUT 45 YEARS,
R/AT NO. 9, PENT HOUSE,
                              2




BYTHAL MARIYAM APARTMENTS,
5TH FLOOR, PARK ROAD,
TASKER TOWN,
BANGALORE-560 001.
                                        ... APPELLANT

(BY SRI. G. MOHAN KUMAR, ADVOCATE)

AND:

1 . THE COMPETENT AUTHORITY,
    FOR-I.M.A. GROUP OF COMPANIES/
    REGIONAL COMMISSIONER- (REV),
    BENGALURU DIVISION,
    BENGALURU,
    2ND FLOOR, BMTC COMPLEX,
    K.H. ROAD, SHANTHI NAGAR,
    BENGALURU-560 027.

2 . I MONETARY ADVISORY,
    A COMPANY REGISTERED UNDER THE
    PROVISIONS OF THE COMPANIES ACT,
    REPRESENTED BY ITS MANAGING DIRECTOR,
    MOHAMED MANSOOR KHAN,
    NO.56/4, 1ST FLOOR, NANDI BUILDING,
    HOSPITAL ROAD, SHIVAJI NAGAR,
    BENGALURU-560 001.

3.   DIRECTORATE OF ENFORCEMENT,
     REPRESENTED BY DEPUTY DIRECTOR,
     3RD FLOOR, 'B' BLOCK, BMTC,
     SHANTINAGAR-TTMC, K.H. ROAD,
     SHANTHINAGAR, BENGALURU,
     KARNATAKA-560 027.
                                          ...RESPONDENTS
(BY SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R1,
 SRI. MADHUKAR DESHPANDE, ADVOCATE FOR R3,
 R2-SERVICE OF NOTICE IS DISPENSED WITH
 V.C.O DTD:10.07.2025)

     THIS MFA IS FILED UNDER SECTION 16 OF THE
KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN
FINANCIAL ESTABLISHMENTS ACT, 2004, AGAINST THE ORDER
                              3




DATED 07.03.2022 IN MISC.NO.688/2019 ON THE FILE OF THE
XCI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND
SPECIAL JUDGE FOR KPIDFE CASES, BENGALURU (CCH-92),
ALLOWING THE PETITION FILED UNDER SECTION 5(2) OF THE
KPIDFE-ACT-2004.

IN MFA.NO.3403/2022:

BETWEEN:

MOHAMMED MANSOOR KHAN,
S/O. LATE ABID ALI KHAN,
AGED ABOUT 45 YEARS,
R/AT NO. 9, PENT HOUSE,
BYTHAL MARIYAM APARTMENTS,
5TH FLOOR, PARK ROAD,
TASKER TOWN,
BANGALORE-560 001.
                                       ... APPELLANT
(BY SRI.G. MOHAN KUMAR, ADVOCATE)

AND:

1 . THE COMPETENT AUTHORITY,
    FOR-I.M.A. GROUP OF COMPANIES/
    REGIONAL COMMISSIONER- (REV),
    BENGALURU DIVISION,
    BENGALURU,
    2ND FLOOR, BMTC COMPLEX,
    K.H. ROAD, SHANTHI NAGAR,
    BENGALURU-560 027.

2 . I MONETARY ADVISORY,
    A COMPANY REGISTERED UNDER THE
    PROVISIONS OF THE COMPANIES ACT,
    REPRESENTED BY ITS MANAGING DIRECTOR,
    MOHAMED MANSOOR KHAN,
    NO.56/4, 1ST FLOOR, NANDI BUILDING,
    HOSPITAL ROAD, SHIVAJI NAGAR,
    BENGALURU-560 001.

3.   DIRECTORATE OF ENFORCEMENT,
     REPRESENTED BY DEPUTY DIRECTOR,
                              4




   3RD FLOOR, 'B' BLOCK, BMTC,
   SHANTINAGAR-TTMC, K.H. ROAD,
   SHANTHINAGAR, BENGALURU,
   KARNATAKA-560 027.
                                          ...RESPONDENTS
(BY SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R1,
 SRI. MADHUKAR DESHPANDE, ADVOCATE FOR R3,
 R2-SERVICE OF NOTICE IS DISPENSED WITH
 V.C.O DTD:10.07.2025)

     THIS MFA IS FILED UNDER SECTION 16 OF THE
KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN
FINANCIAL ESTABLISHMENTS ACT, 2004, AGAINST THE ORDER
DATED 07.03.2022 IN MISC.NO.694/2019 ON THE FILE OF THE
XCI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND
SPECIAL JUDGE FOR KPIDFE CASES, BENGALURU (CCH-92),
ALLOWING THE PETITION FILED UNDER SECTION 5(2) OF THE
KPIDFE-ACT-2004.

IN MFA.NO.3605/2022:

BETWEEN:

MOHAMMED MANSOOR KHAN,
S/O. LATE ABID ALI KHAN,
AGED ABOUT 45 YEARS,
R/AT NO. 9, PENT HOUSE,
BYTHAL MARIYAM APARTMENTS,
5TH FLOOR, PARK ROAD,
TASKER TOWN,
BANGALORE-560 001.
                                        ... APPELLANT

(BY SRI. G. MOHAN KUMAR, ADVOCATE)

AND:

1 . THE COMPETENT AUTHORITY,
    FOR-I.M.A. GROUP OF COMPANIES/
    REGIONAL COMMISSIONER- (REV),
    BENGALURU DIVISION,
    BENGALURU,
    2ND FLOOR, BMTC COMPLEX,
                              5




     K.H. ROAD, SHANTHI NAGAR,
     BENGALURU-560 027.

2 . I MONETARY ADVISORY,
    A COMPANY REGISTERED UNDER THE
    PROVISIONS OF THE COMPANIES ACT,
    REPRESENTED BY ITS MANAGING DIRECTOR,
    MOHAMED MANSOOR KHAN,
    NO.56/4, 1ST FLOOR, NANDI BUILDING,
    HOSPITAL ROAD, SHIVAJI NAGAR,
    BENGALURU-560 001.

3.   NASEER HUSSAIN,
     S/O ABID ALI KHAN,
     R/AT: NO.2, PAYAPPA GARDEN,
     TAKER TOWN, SHIVAJI NAGAR,
     BENGALURU-560 001.

4.   DIRECTORATE OF ENOFRCEMENT,
     REPRESENTED BY DEPUTY DIRECTOR,
     3RD FLOOR, 'B' BLOCK, BMTC,
     SHANTINAGAR-TTMC, K.H. ROAD,
     SHANTHINAGAR, BENGALURU,
     KARNATAKA-560 027.
                                          ...RESPONDENTS
(BY SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R1,
 SRI. MADHUKAR DESHPANDE, ADVOCATE FOR R4,
 R2-SERVICE OF NOTICE IS DISPENSED WITH
 V.C.O DTD:10.07.2025)

     THIS MFA IS FILED UNDER SECTION 16 OF THE
KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN
FINANCIAL ESTABLISHMENTS ACT, 2004, AGAINST THE ORDER
DATED 07.03.2022 IN MISC.NO.713/2019 ON THE FILE OF THE
XCI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND
SPECIAL JUDGE FOR KPIDFE CASES, BENGALURU (CCH-92),
ALLOWING THE PETITION FILED UNDER SECTION 5(2) OF THE
KPIDFE-ACT-2004.
                              6




IN MFA.NO.3606/2022:

BETWEEN:

MOHAMMED MANSOOR KHAN,
S/O. LATE ABID ALI KHAN,
AGED ABOUT 45 YEARS,
R/AT NO. 9, PENT HOUSE,
BYTHAL MARIYAM APARTMENTS,
5TH FLOOR, PARK ROAD,
TASKER TOWN,
BANGALORE-560 001.
                                       ... APPELLANT

(BY SRI. G. MOHAN KUMAR, ADVOCATE)

AND:

1 . THE COMPETENT AUTHORITY,
    FOR-I.M.A. GROUP OF COMPANIES/
    REGIONAL COMMISSIONER- (REV),
    BENGALURU DIVISION,
    BENGALURU,
    2ND FLOOR, BMTC COMPLEX,
    K.H. ROAD,
    SHANTHI NAGAR,
    BENGALURU-560 027.

2 . I MONETARY ADVISORY,
    A COMPANY REGISTERED UNDER THE
    PROVISIONS OF THE COMPANIES ACT,
    REPRESENTED BY ITS MANAGING DIRECTOR,
    MOHAMED MANSOOR KHAN,
    NO.56/4, 1ST FLOOR,
    NANDI BUILDING,
    HOSPITAL ROAD, SHIVAJI NAGAR,
    BENGALURU-560 001.

3.   DIRECTORATE OF ENFORCEMENT,
     REPRESENTED BY DEPUTY DIRECTOR,
     3RD FLOOR, 'B' BLOCK, BMTC,
     SHANTINAGAR-TTMC, K.H. ROAD,
     SHANTHINAGAR, BENGALURU,
                              7




   KARNATAKA-560 027.
                                          ...RESPONDENTS
(BY SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R1,
 SRI. MADHUKAR DESHPANDE, ADVOCATE FOR R3,
 R2-SERVICE OF NOTICE IS DISPENSED WITH
 V.C.O DTD:10.07.2025)

     THIS MFA IS FILED UNDER SECTION 16 OF THE
KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN
FINANCIAL ESTABLISHMENTS ACT, 2004, AGAINST THE ORDER
DATED 07.03.2022 IN MISC.NO.720/2019 ON THE FILE OF THE
XCI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND
SPECIAL JUDGE FOR KPIDFE CASES, BENGALURU (CCH-92),
ALLOWING THE PETITION FILED UNDER SECTION 5(2) OF THE
KPIDFE-ACT-2004.

IN MFA.NO.3607/2022:

BETWEEN:

MOHAMMED MANSOOR KHAN,
S/O. LATE ABID ALI KHAN,
AGED ABOUT 45 YEARS,
R/AT NO. 9, PENT HOUSE,
BYTHAL MARIYAM APARTMENTS,
5TH FLOOR, PARK ROAD,
TASKER TOWN,
BANGALORE-560 001.
                                        ... APPELLANT
(BY SRI. G. MOHAN KUMAR, ADVOCATE)

AND:

1 . THE COMPETENT AUTHORITY,
    FOR-I.M.A. GROUP OF COMPANIES/
    REGIONAL COMMISSIONER- (REV),
    BENGALURU DIVISION,
    BENGALURU,
    2ND FLOOR, BMTC COMPLEX,
    K.H. ROAD, SHANTHI NAGAR,
    BENGALURU-560 027.
                            8




2 . I MONETARY ADVISORY,
    A COMPANY REGISTERED UNDER THE
    PROVISIONS OF THE COMPANIES ACT,
    REPRESENTED BY ITS MANAGING DIRECTOR,
    MOHAMED MANSOOR KHAN,
    NO.56/4, 1ST FLOOR, NANDI BUILDING,
    HOSPITAL ROAD, SHIVAJI NAGAR,
    BENGALURU-560 001.

3.  DIRECTORATE OF ENFORCEMENT,
    REPRESENTED BY DEPUTY DIRECTOR,
    3RD FLOOR, 'B' BLOCK, BMTC,
    SHANTINAGAR-TTMC, K.H. ROAD,
    SHANTHINAGAR, BENGALURU, KARNATAKA-560 027.
                                          ...RESPONDENTS
(BY SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R1,
 SRI. MADHUKAR DESHPANDE, ADVOCATE FOR R3,
 R2-SERVICE OF NOTICE IS DISPENSED WITH V.C.O
DTD:10.07.2025)

     THIS MFA IS FILED UNDER SECTION 16 OF THE
KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN
FINANCIAL ESTABLISHMENTS ACT, 2004, AGAINST THE ORDER
DATED 07.03.2022 IN MISC.NO.695/2019 ON THE FILE OF THE
XCI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND
SPECIAL JUDGE FOR KPIDFE CASES, BENGALURU (CCH-92),
ALLOWING THE PETITION FILED UNDER SECTION 5(2) OF THE
KPIDFE-ACT-2004.

IN MFA.NO.3608/2022:

BETWEEN:

MOHAMMED MANSOOR KHAN,
S/O. LATE ABID ALI KHAN,
AGED ABOUT 45 YEARS,
R/AT NO. 9, PENT HOUSE,
BYTHAL MARIYAM APARTMENTS,
5TH FLOOR, PARK ROAD,
TASKER TOWN, BANGALORE-560 001.
                                      ... APPELLANT
(BY SRI. G. MOHAN KUMAR, ADVOCATE)
                             9




AND:

1 . THE COMPETENT AUTHORITY,
    FOR-I.M.A. GROUP OF COMPANIES/
    REGIONAL COMMISSIONER- (REV),
    BENGALURU DIVISION,
    BENGALURU,
    2ND FLOOR, BMTC COMPLEX,
    K.H. ROAD, SHANTHI NAGAR,
    BENGALURU-560 027.

2 . I MONETARY ADVISORY,
    A COMPANY REGISTERED UNDER THE
    PROVISIONS OF THE COMPANIES ACT,
    REPRESENTED BY ITS MANAGING DIRECTOR,
    MOHAMED MANSOOR KHAN,
    NO.56/4, 1ST FLOOR, NANDI BUILDING,
    HOSPITAL ROAD, SHIVAJI NAGAR,
    BENGALURU-560 001.

3.   DIRECTORATE OF ENFORCEMENT,
     REPRESENTED BY DEPUTY DIRECTOR,
     3RD FLOOR, 'B' BLOCK, BMTC,
     SHANTINAGAR-TTMC, K.H. ROAD,
     SHANTHINAGAR, BENGALURU,
     KARNATAKA-560 027.
                                          ...RESPONDENTS
(BY SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R1,
 SRI. MADHUKAR DESHPANDE, ADVOCATE FOR R3,
 R2-SERVICE OF NOTICE IS DISPENSED WITH
 V.C.O DTD:10.07.2025)

     THIS MFA IS FILED UNDER SECTION 16 OF THE
KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN
FINANCIAL ESTABLISHMENTS ACT, 2004, AGAINST THE ORDER
DATED 07.03.2022 IN MISC.NO.723/2019 ON THE FILE OF THE
XCI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND
SPECIAL JUDGE FOR KPIDFE CASES, BENGALURU (CCH-92),
ALLOWING THE PETITION FILED UNDER SECTION 5(2) OF THE
KPIDFE-ACT-2004.
                              10




IN MFA.NO.3609/2022:

BETWEEN:

MOHAMMED MANSOOR KHAN,
S/O. LATE ABID ALI KHAN,
AGED ABOUT 45 YEARS,
R/AT NO. 9, PENT HOUSE,
BYTHAL MARIYAM APARTMENTS,
5TH FLOOR, PARK ROAD,
TASKER TOWN,
BANGALORE-560 001.
                                        ... APPELLANT
(BY SRI. G. MOHAN KUMAR, ADVOCATE)

AND:

1 . THE COMPETENT AUTHORITY,
    FOR-I.M.A. GROUP OF COMPANIES/
    REGIONAL COMMISSIONER- (REV),
    BENGALURU DIVISION,
    BENGALURU,
    2ND FLOOR, BMTC COMPLEX,
    K.H. ROAD, SHANTHI NAGAR,
    BENGALURU-560 027.

2 . I MONETARY ADVISORY,
    A COMPANY REGISTERED UNDER THE
    PROVISIONS OF THE COMPANIES ACT,
    REPRESENTED BY ITS MANAGING DIRECTOR,
    MOHAMED MANSOOR KHAN,
    NO.56/4, 1ST FLOOR, NANDI BUILDING,
    HOSPITAL ROAD, SHIVAJI NAGAR,
    BENGALURU-560 001.

3.   DIRECTORATE OF ENFORCEMENT,
     REPRESENTED BY DEPUTY DIRECTOR,
     3RD FLOOR, 'B' BLOCK, BMTC,
     SHANTINAGAR-TTMC, K.H. ROAD,
     SHANTHINAGAR, BENGALURU,
     KARNATAKA-560 027.
                                          ...RESPONDENTS
(BY SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R1,
                              11




SRI. MADHUKAR DESHPANDE, ADVOCATE FOR R3,
R2-SERVICE OF NOTICE IS DISPENSED WITH
V.C.O DTD:10.07.2025)

     THIS MFA IS FILED UNDER SECTION 16 OF THE
KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN
FINANCIAL ESTABLISHMENTS ACT, 2004, AGAINST THE ORDER
DATED 07.03.2022 IN MISC.NO.707/2019 ON THE FILE OF THE
XCI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND
SPECIAL JUDGE FOR KPIDFE CASES, BENGALURU (CCH-92),
ALLOWING THE PETITION FILED UNDER SECTION 5(2) OF THE
KPIDFE-ACT-2004.

IN MFA.NO.3610/2022:

BETWEEN:

MOHAMMED MANSOOR KHAN,
S/O. LATE ABID ALI KHAN,
AGED ABOUT 45 YEARS,
R/AT NO. 9, PENT HOUSE,
BYTHAL MARIYAM APARTMENTS,
5TH FLOOR, PARK ROAD,
TASKER TOWN,
BANGALORE-560 001.
                                      ... APPELLANT
(BY SRI. G. MOHAN KUMAR, ADVOCATE)

AND:

1 . THE COMPETENT AUTHORITY,
    FOR-I.M.A. GROUP OF COMPANIES/
    REGIONAL COMMISSIONER- (REV),
    BENGALURU DIVISION,
    BENGALURU,
    2ND FLOOR, BMTC COMPLEX,
    K.H. ROAD, SHANTHI NAGAR,
    BENGALURU-560 027.

2 . I MONETARY ADVISORY,
    A COMPANY REGISTERED UNDER THE
    PROVISIONS OF THE COMPANIES ACT,
    REPRESENTED BY ITS MANAGING DIRECTOR,
                               12




     MOHAMED MANSOOR KHAN,
     NO.56/4, 1ST FLOOR, NANDI BUILDING,
     HOSPITAL ROAD, SHIVAJI NAGAR,
     BENGALURU-560 001.

3.   DIRECTORATE OF ENFORCEMENT,
     REPRESENTED BY DEPUTY DIRECTOR,
     3RD FLOOR, 'B' BLOCK, BMTC,
     SHANTINAGAR-TTMC, K.H. ROAD,
     SHANTHINAGAR, BENGALURU, KARNATAKA-560 027.
                                        ...RESPONDENTS
(BY SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R1,
 SRI. MADHUKAR DESHPANDE, ADVOCATE FOR R3,
 R2-SERVICE OF NOTICE IS DISPENSED WITH
 V.C.O DTD:10.07.2025)

     THIS MFA IS FILED UNDER SECTION 16 OF THE
KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN
FINANCIAL ESTABLISHMENTS ACT, 2004, AGAINST THE ORDER
DATED 07.03.2022 IN MISC.NO.692/2019 ON THE FILE OF THE
XCI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND
SPECIAL JUDGE FOR KPIDFE CASES, BENGALURU (CCH-92),
ALLOWING THE PETITION FILED UNDER SECTION 5(2) OF THE
KPIDFE-ACT-2004.

IN MFA.NO.3611/2022:

BETWEEN:

MOHAMMED MANSOOR KHAN,
S/O. LATE ABID ALI KHAN,
AGED ABOUT 45 YEARS,
R/AT NO. 9, PENT HOUSE,
BYTHAL MARIYAM APARTMENTS,
5TH FLOOR, PARK ROAD,
TASKER TOWN,
BANGALORE-560 001.
                                            ... APPELLANT
(BY SRI.G. MOHAN KUMAR, ADVOCATE)
                             13




AND:

1 . THE COMPETENT AUTHORITY,
    FOR-I.M.A. GROUP OF COMPANIES/
    REGIONAL COMMISSIONER- (REV),
    BENGALURU DIVISION,
    BENGALURU,
    2ND FLOOR, BMTC COMPLEX,
    K.H. ROAD, SHANTHI NAGAR,
    BENGALURU-560 027.

2 . I MONETARY ADVISORY,
    A COMPANY REGISTERED UNDER THE
    PROVISIONS OF THE COMPANIES ACT,
    REPRESENTED BY ITS MANAGING DIRECTOR,
    MOHAMED MANSOOR KHAN,
    NO.56/4, 1ST FLOOR, NANDI BUILDING,
    HOSPITAL ROAD, SHIVAJI NAGAR,
    BENGALURU-560 001.

3.   DIRECTORATE OF ENFORCEMENT,
     REPRESENTED BY DEPUTY DIRECTOR,
     3RD FLOOR, 'B' BLOCK, BMTC,
     SHANTINAGAR-TTMC, K.H. ROAD,
     SHANTHINAGAR, BENGALURU,
     KARNATAKA-560 027.
                                          ...RESPONDENTS
(BY SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R1,
 SRI. MADHUKAR DESHPANDE, ADVOCATE FOR R3,
 R2-SERVICE OF NOTICE IS DISPENSED WITH
 V.C.O DTD:10.07.2025)

     THIS MFA IS FILED UNDER SECTION 16 OF THE
KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN
FINANCIAL ESTABLISHMENTS ACT, 2004, AGAINST THE ORDER
DATED 07.03.2022 IN MISC.NO.704/2019 ON THE FILE OF THE
XCI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND
SPECIAL JUDGE FOR KPIDFE CASES, BENGALURU (CCH-92),
ALLOWING THE PETITION FILED UNDER SECTION 5(2) OF THE
KPIDFE-ACT-2004.
                              14




IN MFA.NO.3612/2022:

BETWEEN:

MOHAMMED MANSOOR KHAN,
S/O. LATE ABID ALI KHAN,
AGED ABOUT 45 YEARS,
R/AT NO. 9, PENT HOUSE,
BYTHAL MARIYAM APARTMENTS,
5TH FLOOR, PARK ROAD,
TASKER TOWN,
BANGALORE-560 001.
                                        ... APPELLANT
(BY SRI. G. MOHAN KUMAR, ADVOCATE)

AND:

1 . THE COMPETENT AUTHORITY,
    FOR-I.M.A. GROUP OF COMPANIES/
    REGIONAL COMMISSIONER- (REV),
    BENGALURU DIVISION,
    BENGALURU,
    2ND FLOOR, BMTC COMPLEX,
    K.H. ROAD, SHANTHI NAGAR,
    BENGALURU-560 027.

2 . I MONETARY ADVISORY,
    A COMPANY REGISTERED UNDER THE
    PROVISIONS OF THE COMPANIES ACT,
    REPRESENTED BY ITS MANAGING DIRECTOR,
    MOHAMED MANSOOR KHAN,
    NO.56/4, 1ST FLOOR, NANDI BUILDING,
    HOSPITAL ROAD, SHIVAJI NAGAR,
    BENGALURU-560 001.

3.   DIRECTORATE OF ENFORCEMENT,
     REPRESENTED BY DEPUTY DIRECTOR,
     3RD FLOOR, 'B' BLOCK, BMTC,
     SHANTINAGAR-TTMC, K.H. ROAD,
     SHANTHINAGAR, BENGALURU,
     KARNATAKA-560 027.
                                          ...RESPONDENTS
(BY SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R1,
                              15




SRI. MADHUKAR DESHPANDE, ADVOCATE FOR R3,
R2-SERVICE OF NOTICE IS DISPENSED WITH
V.C.O DTD:10.07.2025)

     THIS MFA IS FILED UNDER SECTION 16 OF THE
KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN
FINANCIAL ESTABLISHMENTS ACT, 2004, AGAINST THE ORDER
DATED 07.03.2022 IN MISC.NO.706/2019 ON THE FILE OF THE
XCI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND
SPECIAL JUDGE FOR KPIDFE CASES, BENGALURU (CCH-92),
ALLOWING THE PETITION FILED UNDER SECTION 5(2) OF THE
KPIDFE-ACT-2004.

IN MFA.NO.3640/2022:

BETWEEN:

MOHAMMED MANSOOR KHAN,
S/O. LATE ABID ALI KHAN,
AGED ABOUT 45 YEARS,
R/AT NO. 9, PENT HOUSE,
BYTHAL MARIYAM APARTMENTS,
5TH FLOOR, PARK ROAD,
TASKER TOWN,
BANGALORE-560 001.
                                      ... APPELLANT
(BY SRI.G. MOHAN KUMAR, ADVOCATE)

AND:

1 . THE COMPETENT AUTHORITY,
    FOR-I.M.A. GROUP OF COMPANIES/
    REGIONAL COMMISSIONER- (REV),
    BENGALURU DIVISION,
    BENGALURU,
    2ND FLOOR, BMTC COMPLEX,
    K.H. ROAD, SHANTHI NAGAR,
    BENGALURU-560 027.

2 . I MONETARY ADVISORY,
    A COMPANY REGISTERED UNDER THE
    PROVISIONS OF THE COMPANIES ACT,
    REPRESENTED BY ITS MANAGING DIRECTOR,
                               16




     MOHAMED MANSOOR KHAN,
     NO.56/4, 1ST FLOOR, NANDI BUILDING,
     HOSPITAL ROAD, SHIVAJI NAGAR,
     BENGALURU-560 001.

3.   DADAPEER I @ ASSADULLAH,
     S/O IMAAM SAAB,
     AGED ABOUT 35 YEARS,
     R/AT: NO.101, 2ND CROSS,
     MEHABOOBNAGAR,
     DAVANAGERE-577 001.

4.   DIRECTORATE OF ENFORCEMENT,
     REPRESENTED BY DEPUTY DIRECTOR,
     3RD FLOOR, 'B' BLOCK, BMTC,
     SHANTINAGAR-TTMC, K.H. ROAD,
     SHANTHINAGAR, BENGALURU,
     KARNATAKA-560 027.
                                           ...RESPONDENTS
(BY SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R1,
 SRI. MADHUKAR DESHPANDE, ADVOCATE FOR R4,
 R2-SERVICE OF NOTICE IS DISPENSED WITH
 V.C.O DTD:10.07.2025)

     THIS MFA IS FILED UNDER SECTION 16 OF THE
KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN
FINANCIAL ESTABLISHMENTS ACT, 2004, AGAINST THE ORDER
DATED 07.03.2022 IN MISC.NO.714/2019 ON THE FILE OF THE
XCI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND
SPECIAL JUDGE FOR KPIDFE CASES, BENGALURU (CCH-92),
ALLOWING THE PETITION FILED UNDER SECTION 5(2) OF THE
KPIDFE-ACT-2004.

IN MFA.NO.3642/2022:

BETWEEN:

I MONETARY ADVISORY,
A COMPANY REGISTERED UNDER THE
PROVISIONS OF THE COMPANIES ACT,
REPRESENTED BY ITS MANAGING DIRECTOR,
MOHAMED MANSOOR KHAN,
NO.56/4, 1ST FLOOR, NANDI BUILDING,
                             17




HOSPITAL ROAD, SHIVAJI NAGAR,
BENGALURU-560 001.
                                       ... APPELLANT
(BY SRI. G. MOHAN KUMAR, ADVOCATE)

AND:

1 . THE COMPETENT AUTHORITY,
    FOR-I.M.A. GROUP OF COMPANIES/
    REGIONAL COMMISSIONER- (REV),
    BENGALURU DIVISION,
    BENGALURU,
    2ND FLOOR, BMTC COMPLEX,
    K.H. ROAD, SHANTHI NAGAR,
    BENGALURU-560 027.

2.   DIRECTORATE OF ENFORCEMENT,
     REPRESENTED BY DEPUTY DIRECTOR,
     3RD FLOOR, 'B' BLOCK, BMTC,
     SHANTINAGAR-TTMC, K.H. ROAD,
     SHANTHINAGAR, BENGALURU,
     KARNATAKA-560 027.
                                          ...RESPONDENTS
(BY SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R1,
 SRI. MADHUKAR DESHPANDE, ADVOCATE FOR R2)

     THIS MFA IS FILED UNDER SECTION 16 OF THE
KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN
FINANCIAL ESTABLISHMENTS ACT, 2004, AGAINST THE ORDER
DATED 07.03.2022 IN MISC.NO.724/2019 ON THE FILE OF THE
XCI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND
SPECIAL JUDGE FOR KPIDFE CASES, BENGALURU (CCH-92),
ALLOWING THE PETITION FILED UNDER SECTION 5(2) OF THE
KPIDFE-ACT-2004.

IN MFA.NO.3645/2022:

BETWEEN:

MOHAMMED MANSOOR KHAN,
S/O. LATE ABID ALI KHAN,
AGED ABOUT 45 YEARS,
R/AT NO. 9, PENT HOUSE,
                              18




BYTHAL MARIYAM APARTMENTS,
5TH FLOOR, PARK ROAD,
TASKER TOWN,
BANGALORE-560 001.
                                        ... APPELLANT
(BY SRI. G. MOHAN KUMAR, ADVOCATE)

AND:

1 . THE COMPETENT AUTHORITY,
    FOR-I.M.A. GROUP OF COMPANIES/
    REGIONAL COMMISSIONER- (REV),
    BENGALURU DIVISION,
    BENGALURU,
    2ND FLOOR, BMTC COMPLEX,
    K.H. ROAD, SHANTHI NAGAR,
    BENGALURU-560 027.

2 . I MONETARY ADVISORY,
    A COMPANY REGISTERED UNDER THE
    PROVISIONS OF THE COMPANIES ACT,
    REPRESENTED BY ITS MANAGING DIRECTOR,
    MOHAMED MANSOOR KHAN,
    NO.56/4, 1ST FLOOR, NANDI BUILDING,
    HOSPITAL ROAD, SHIVAJI NAGAR,
    BENGALURU-560 001.

3.   NASEER HUSSAIN,
     S/O ABID ALI KHAN,
     R/AT:NO.2, PAYAPPA GARDEN,
     TAKER TOWN, SHIVAJI NAGAR,
     BENGALURU-560 001.

4.   DIRECTORATE OF ENFORCEMENT,
     REPRESENTED BY DEPUTY DIRECTOR,
     3RD FLOOR, 'B' BLOCK, BMTC,
     SHANTINAGAR-TTMC, K.H. ROAD,
     SHANTHINAGAR, BENGALURU,
     KARNATAKA-560 027.
                                          ...RESPONDENTS
(BY SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R1,
 SRI. MADHUKAR DESHPANDE, ADVOCATE FOR R4,
                              19




R2-SERVICE OF NOTICE IS DISPENSED WITH
V.C.O DTD:10.07.2025)

     THIS MFA IS FILED UNDER SECTION 16 OF THE
KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN
FINANCIAL ESTABLISHMENTS ACT, 2004, AGAINST THE ORDER
DATED 07.03.2022 IN MISC.NO.715/2019 ON THE FILE OF THE
XCI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND
SPECIAL JUDGE FOR KPIDFE CASES, BENGALURU (CCH-92),
ALLOWING THE PETITION FILED UNDER SECTION 5(2) OF THE
KPIDFE-ACT-2004.

IN MFA.NO.3646/2022:

BETWEEN:

MOHAMMED MANSOOR KHAN,
S/O. LATE ABID ALI KHAN,
AGED ABOUT 45 YEARS,
R/AT NO.9, PENT HOUSE,
BYTHAL MARIYAM APARTMENTS,
5TH FLOOR, PARK ROAD,
TASKER TOWN,
BANGALORE-560 001.
                                         ... APPELLANT
(BY SRI. G. MOHAN KUMAR, ADVOCATE)

AND:

1 . THE COMPETENT AUTHORITY,
    FOR-I.M.A. GROUP OF COMPANIES/
    REGIONAL COMMISSIONER- (REV),
    BENGALURU DIVISION,
    BENGALURU,
    2ND FLOOR, BMTC COMPLEX,
    K.H. ROAD, SHANTHI NAGAR,
    BENGALURU-560 027.

2 . I MONETARY ADVISORY,
    A COMPANY REGISTERED UNDER THE
    PROVISIONS OF THE COMPANIES ACT,
    REPRESENTED BY ITS MANAGING DIRECTOR,
    MOHAMED MANSOOR KHAN,
                               20




     NO.56/4, 1ST FLOOR, NANDI BUILDING,
     HOSPITAL ROAD, SHIVAJI NAGAR,
     BENGALURU-560 001.

3.   NASEER HUSSAIN,
     S/O ABID ALI KHAN,
     R/AT:NO.2, PAYAPPA GARDEN,
     TAKER TOWN, SHIVAJI NAGAR,
     BENGALURU-560 001.

4.   DIRECTORATE OF ENFORCEMENT,
     REPRESENTED BY DEPUTY DIRECTOR,
     3RD FLOOR, 'B' BLOCK, BMTC,
     SHANTINAGAR-TTMC, K.H. ROAD,
     SHANTHINAGAR, BENGALURU,
     KARNATAKA-560 027.
                                           ...RESPONDENTS
(BY SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R1,
 SRI. MADHUKAR DESHPANDE, ADVOCATE FOR R4,
 R2-SERVICE OF NOTICE IS DISPENSED WITH
 V.C.O DTD:10.07.2025)

     THIS MFA IS FILED UNDER SECTION 16 OF THE
KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN
FINANCIAL ESTABLISHMENTS ACT, 2004, AGAINST THE ORDER
DATED 07.03.2022 IN MISC.NO.712/2019 ON THE FILE OF THE
XCI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND
SPECIAL JUDGE FOR KPIDFE CASES, BENGALURU (CCH-92),
ALLOWING THE PETITION FILED UNDER SECTION 5(2) OF THE
KPIDFE-ACT-2004.

IN MFA.NO.3648/2022:

BETWEEN:

MOHAMMED MANSOOR KHAN,
S/O. LATE ABID ALI KHAN,
AGED ABOUT 45 YEARS,
R/AT NO.9,
PENT HOUSE,
BYTHAL MARIYAM APARTMENTS,
5TH FLOOR, PARK ROAD,
                             21




TASKER TOWN,
BANGALORE-560 001.
                                        ... APPELLANT
(BY SRI.G. MOHAN KUMAR, ADVOCATE)

AND:

1 . THE COMPETENT AUTHORITY,
    FOR-I.M.A. GROUP OF COMPANIES/
    REGIONAL COMMISSIONER- (REV),
    BENGALURU DIVISION,
    BENGALURU,
    2ND FLOOR, BMTC COMPLEX,
    K.H. ROAD, SHANTHI NAGAR,
    BENGALURU-560 027.

2 . I MONETARY ADVISORY,
    A COMPANY REGISTERED UNDER THE
    PROVISIONS OF THE COMPANIES ACT,
    REPRESENTED BY ITS MANAGING DIRECTOR,
    MOHAMED MANSOOR KHAN,
    NO.56/4, 1ST FLOOR, NANDI BUILDING,
    HOSPITAL ROAD, SHIVAJI NAGAR,
    BENGALURU-560 001.

3.   DIRECTORATE OF ENOFRCEMENT,
     REPRESENTED BY DEPUTY DIRECTOR,
     3RD FLOOR, 'B' BLOCK, BMTC,
     SHANTINAGAR-TTMC, K.H. ROAD,
     SHANTHINAGAR, BENGALURU,
     KARNATAKA-560 027.
                                          ...RESPONDENTS
(BY SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R1,
 SRI. MADHUKAR DESHPANDE, ADVOCATE FOR R3,
 R2-SERVICE OF NOTICE IS DISPENSED WITH
 V.C.O DTD:10.07.2025)

     THIS MFA IS FILED UNDER SECTION 16 OF THE
KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN
FINANCIAL ESTABLISHMENTS ACT, 2004, AGAINST THE ORDER
DATED 07.03.2022 IN MISC.NO.689/2019 ON THE FILE OF THE
XCI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND
                              22




SPECIAL JUDGE FOR KPIDFE CASES, BENGALURU (CCH-92),
ALLOWING THE PETITION FILED UNDER SECTION 5(2) OF THE
KPIDFE-ACT-2004.

IN MFA.NO.3650/2022:

BETWEEN:

MOHAMMED MANSOOR KHAN,
S/O. LATE ABID ALI KHAN,
AGED ABOUT 45 YEARS,
R/AT NO. 9, PENT HOUSE,
BYTHAL MARIYAM APARTMENTS,
5TH FLOOR, PARK ROAD,
TASKER TOWN,
BANGALORE-560 001.
                                       ... APPELLANT
(BY SRI.G. MOHAN KUMAR, ADVOCATE)

AND:

1 . THE COMPETENT AUTHORITY,
    FOR-I.M.A. GROUP OF COMPANIES/
    REGIONAL COMMISSIONER- (REV),
    BENGALURU DIVISION,
    BENGALURU,
    2ND FLOOR, BMTC COMPLEX,
    K.H. ROAD, SHANTHI NAGAR,
    BENGALURU-560 027.

2 . I MONETARY ADVISORY,
    A COMPANY REGISTERED UNDER THE
    PROVISIONS OF THE COMPANIES ACT,
    REPRESENTED BY ITS MANAGING DIRECTOR,
    MOHAMED MANSOOR KHAN,
    NO.56/4, 1ST FLOOR, NANDI BUILDING,
    HOSPITAL ROAD, SHIVAJI NAGAR,
    BENGALURU-560 001.

3.   DIRECTORATE OF ENFORCEMENT,
     REPRESENTED BY DEPUTY DIRECTOR,
     3RD FLOOR, 'B' BLOCK, BMTC,
     SHANTINAGAR-TTMC, K.H. ROAD,
                              23




   SHANTHINAGAR, BENGALURU,
   KARNATAKA-560 027.
                                          ...RESPONDENTS
(BY SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R1,
 SRI. MADHUKAR DESHPANDE, ADVOCATE FOR R3,
 R2-SERVICE OF NOTICE IS DISPENSED WITH
 V.C.O DTD:10.07.2025)

     THIS MFA IS FILED UNDER SECTION 16 OF THE
KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN
FINANCIAL ESTABLISHMENTS ACT, 2004, AGAINST THE ORDER
DATED 07.03.2022 IN MISC.NO.691/2019 ON THE FILE OF THE
XCI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND
SPECIAL JUDGE FOR KPIDFE CASES, BENGALURU (CCH-92),
ALLOWING THE PETITION FILED UNDER SECTION 5(2) OF THE
KPIDFE-ACT-2004.

IN MFA.NO.3652/2022:

BETWEEN:

MOHAMMED MANSOOR KHAN,
S/O. LATE ABID ALI KHAN,
AGED ABOUT 45 YEARS,
R/AT NO. 9, PENT HOUSE,
BYTHAL MARIYAM APARTMENTS,
5TH FLOOR, PARK ROAD,
TASKER TOWN,
BANGALORE-560 001.
                                        ... APPELLANT
(BY SRI. G. MOHAN KUMAR, ADVOCATE)

AND:

1 . THE COMPETENT AUTHORITY,
    FOR-I.M.A. GROUP OF COMPANIES/
    REGIONAL COMMISSIONER- (REV),
    BENGALURU DIVISION,
    BENGALURU,
    2ND FLOOR, BMTC COMPLEX,
    K.H. ROAD, SHANTHI NAGAR,
    BENGALURU-560 027.
                             24




2 . I MONETARY ADVISORY,
    A COMPANY REGISTERED UNDER THE
    PROVISIONS OF THE COMPANIES ACT,
    REPRESENTED BY ITS MANAGING DIRECTOR,
    MOHAMED MANSOOR KHAN,
    NO.56/4, 1ST FLOOR, NANDI BUILDING,
    HOSPITAL ROAD, SHIVAJI NAGAR,
    BENGALURU-560 001.

3.   SYED AHMED,
     S/O SYED MOHAMMED SAHEB,
     AGED ABOUT 37 YEARS,

4.   SMT. AFSAN AHMED,
     W/O SYED AHMED,
     AGED ABOUT 32 YEARS,

     BOTH RESPONDENTS NO.3 & 4 ARE
     R/AT:106, ADAM SAHEB STREET,
     RAYAPURAM, CHENNAI-600 013.

5.   DIRECTORATE OF ENFORCEMENT,
     REPRESENTED BY DEPUTY DIRECTOR,
     3RD FLOOR, 'B' BLOCK, BMTC,
     SHANTINAGAR-TTMC, K.H. ROAD,
     SHANTHINAGAR, BENGALURU,
     KARNATAKA-560 027.
                                          ...RESPONDENTS
(BY SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R1,
 SRI. MADHUKAR DESHPANDE, ADVOCATE FOR R5,
 R2-SERVICE OF NOTICE IS DISPENSED WITH
 V.C.O DTD:10.07.2025)

     THIS MFA IS FILED UNDER SECTION 16 OF THE
KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN
FINANCIAL ESTABLISHMENTS ACT, 2004, AGAINST THE ORDER
DATED 07.03.2022 IN MISC.NO.717/2019 ON THE FILE OF THE
XCI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND
SPECIAL JUDGE FOR KPIDFE CASES, BENGALURU (CCH-92),
ALLOWING THE PETITION FILED UNDER SECTION 5(2) OF THE
KPIDFE-ACT-2004.
                              25




IN MFA.NO.3654/2022:

BETWEEN:

MOHAMMED MANSOOR KHAN,
S/O. LATE ABID ALI KHAN,
AGED ABOUT 45 YEARS,
R/AT NO. 9, PENT HOUSE,
BYTHAL MARIYAM APARTMENTS,
5TH FLOOR, PARK ROAD,
TASKER TOWN,
BANGALORE-560 001.
                                        ... APPELLANT
(BY SRI. G. MOHAN KUMAR, ADVOCATE)

AND:

1 . THE COMPETENT AUTHORITY,
    FOR-I.M.A. GROUP OF COMPANIES/
    REGIONAL COMMISSIONER- (REV),
    BENGALURU DIVISION,
    BENGALURU,
    2ND FLOOR, BMTC COMPLEX,
    K.H. ROAD, SHANTHI NAGAR,
    BENGALURU-560 027.

2 . I MONETARY ADVISORY,
    A COMPANY REGISTERED UNDER THE
    PROVISIONS OF THE COMPANIES ACT,
    REPRESENTED BY ITS MANAGING DIRECTOR,
    MOHAMED MANSOOR KHAN,
    NO.56/4, 1ST FLOOR, NANDI BUILDING,
    HOSPITAL ROAD, SHIVAJI NAGAR,
    BENGALURU-560 001.

3.   DIRECTORATE OF ENFORCEMENT,
     REPRESENTED BY DEPUTY DIRECTOR,
     3RD FLOOR, 'B' BLOCK, BMTC,
     SHANTINAGAR-TTMC, K.H. ROAD,
     SHANTHINAGAR, BENGALURU,
     KARNATAKA-560 027.
                                          ...RESPONDENTS
(BY SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R1,
                              26




SRI. MADHUKAR DESHPANDE, ADVOCATE FOR R3,
R2-SERVICE OF NOTICE IS DISPENSED WITH
V.C.O DTD:10.07.2025)

     THIS MFA IS FILED UNDER SECTION 16 OF THE
KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN
FINANCIAL ESTABLISHMENTS ACT, 2004, AGAINST THE ORDER
DATED 07.03.2022 IN MISC.NO.693/2019 ON THE FILE OF THE
XCI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND
SPECIAL JUDGE FOR KPIDFE CASES, BENGALURU (CCH-92),
ALLOWING THE PETITION FILED UNDER SECTION 5(2) OF THE
KPIDFE-ACT-2004.

IN MFA.NO.3656/2022:

BETWEEN:

MOHAMMED MANSOOR KHAN,
S/O. LATE ABID ALI KHAN,
AGED ABOUT 45 YEARS,
R/AT NO.9, PENT HOUSE,
BYTHAL MARIYAM APARTMENTS,
5TH FLOOR, PARK ROAD,
TASKER TOWN,
BANGALORE-560 001.
                                      ... APPELLANT
(BY SRI. G. MOHAN KUMAR, ADVOCATE)

AND:

1 . THE COMPETENT AUTHORITY,
    FOR-I.M.A. GROUP OF COMPANIES/
    REGIONAL COMMISSIONER- (REV),
    BENGALURU DIVISION,
    BENGALURU,
    2ND FLOOR, BMTC COMPLEX,
    K.H. ROAD, SHANTHI NAGAR,
    BENGALURU-560 027.

2 . I MONETARY ADVISORY,
    A COMPANY REGISTERED UNDER THE
    PROVISIONS OF THE COMPANIES ACT,
    REPRESENTED BY ITS MANAGING DIRECTOR,
                               27




     MOHAMED MANSOOR KHAN,
     NO.56/4, 1ST FLOOR, NANDI BUILDING,
     HOSPITAL ROAD, SHIVAJI NAGAR,
     BENGALURU-560 001.

3.   NASEER HUSSAIN,
     S/O ABID ALI KHAN,
     R/AT:NO.2, PAYAPPA GARDEN,
     TAKER TOWN, SHIVAJI NAGAR,
     BENGALURU-560 001.

4.   DIRECTORATE OF ENFORCEMENT,
     REPRESENTED BY DEPUTY DIRECTOR,
     3RD FLOOR, 'B' BLOCK, BMTC,
     SHANTINAGAR-TTMC, K.H. ROAD,
     SHANTHINAGAR, BENGALURU,
     KARNATAKA-560 027.
                                           ...RESPONDENTS
(BY SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R1,
 SRI. MADHUKAR DESHPANDE, ADVOCATE FOR R4,
 R2-SERVICE OF NOTICE IS DISPENSED WITH
 V.C.O DTD:10.07.2025)

     THIS MFA IS FILED UNDER SECTION 16 OF THE
KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN
FINANCIAL ESTABLISHMENTS ACT, 2004, AGAINST THE ORDER
DATED 07.03.2022 IN MISC.NO.711/2019 ON THE FILE OF THE
XCI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND
SPECIAL JUDGE FOR KPIDFE CASES, BENGALURU (CCH-92),
ALLOWING THE PETITION FILED UNDER SECTION 5(2) OF THE
KPIDFE-ACT-2004.

IN MFA.NO.3657/2022:

BETWEEN:

MOHAMMED MANSOOR KHAN,
S/O. LATE ABID ALI KHAN,
AGED ABOUT 45 YEARS,
R/AT NO. 9, PENT HOUSE,
BYTHAL MARIYAM APARTMENTS,
5TH FLOOR, PARK ROAD,
                             28




TASKER TOWN,
BANGALORE-560 001.
                                        ... APPELLANT
(BY SRI. G. MOHAN KUMAR, ADVOCATE)

AND:

1 . THE COMPETENT AUTHORITY,
    FOR-I.M.A. GROUP OF COMPANIES/
    REGIONAL COMMISSIONER- (REV),
    BENGALURU DIVISION,
    BENGALURU,
    2ND FLOOR, BMTC COMPLEX,
    K.H. ROAD, SHANTHI NAGAR,
    BENGALURU-560 027.

2 . I MONETARY ADVISORY,
    A COMPANY REGISTERED UNDER THE
    PROVISIONS OF THE COMPANIES ACT,
    REPRESENTED BY ITS MANAGING DIRECTOR,
    MOHAMED MANSOOR KHAN,
    NO.56/4, 1ST FLOOR, NANDI BUILDING,
    HOSPITAL ROAD, SHIVAJI NAGAR,
    BENGALURU-560 001.

3.   DIRECTORATE OF ENFORCEMENT,
     REPRESENTED BY DEPUTY DIRECTOR,
     3RD FLOOR, 'B' BLOCK, BMTC,
     SHANTINAGAR-TTMC, K.H. ROAD,
     SHANTHINAGAR, BENGALURU,
     KARNATAKA-560 027.
                                          ...RESPONDENTS
(BY SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R1,
 SRI. MADHUKAR DESHPANDE, ADVOCATE FOR R3,
 R2-SERVICE OF NOTICE IS DISPENSED WITH
 V.C.O DTD:10.07.2025)

     THIS MFA IS FILED UNDER SECTION 16 OF THE
KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN
FINANCIAL ESTABLISHMENTS ACT, 2004, AGAINST THE ORDER
DATED 07.03.2022 IN MISC.NO.702/2019 ON THE FILE OF THE
XCI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND
                              29




SPECIAL JUDGE FOR KPIDFE CASES, BENGALURU (CCH-92),
ALLOWING THE PETITION FILED UNDER SECTION 5(2) OF THE
KPIDFE-ACT-2004.

IN MFA.NO.3658/2022:

BETWEEN:

MOHAMMED MANSOOR KHAN,
S/O. LATE ABID ALI KHAN,
AGED ABOUT 45 YEARS,
R/AT NO. 9, PENT HOUSE,
BYTHAL MARIYAM APARTMENTS,
5TH FLOOR, PARK ROAD,
TASKER TOWN,
BANGALORE-560 001.
                                       ... APPELLANT
(BY SRI. G. MOHAN KUMAR, ADVOCATE)

AND:

1 . THE COMPETENT AUTHORITY,
    FOR-I.M.A. GROUP OF COMPANIES/
    REGIONAL COMMISSIONER- (REV),
    BENGALURU DIVISION,
    BENGALURU,
    2ND FLOOR, BMTC COMPLEX,
    K.H. ROAD, SHANTHI NAGAR,
    BENGALURU-560 027.

2 . I MONETARY ADVISORY,
    A COMPANY REGISTERED UNDER THE
    PROVISIONS OF THE COMPANIES ACT,
    REPRESENTED BY ITS MANAGING DIRECTOR,
    MOHAMED MANSOOR KHAN,
    NO.56/4, 1ST FLOOR, NANDI BUILDING,
    HOSPITAL ROAD, SHIVAJI NAGAR,
    BENGALURU-560 001.

3.   DIRECTORATE OF ENFORCEMENT,
     REPRESENTED BY DEPUTY DIRECTOR,
     3RD FLOOR, 'B' BLOCK, BMTC,
     SHANTINAGAR-TTMC, K.H. ROAD,
                              30




   SHANTHINAGAR, BENGALURU,
   KARNATAKA-560 027.
                                          ...RESPONDENTS
(BY SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R1,
 SRI. MADHUKAR DESHPANDE, ADVOCATE FOR R3,
 R2-SERVICE OF NOTICE IS DISPENSED WITH
 V.C.O DTD:10.07.2025)

     THIS MFA IS FILED UNDER SECTION 16 OF THE
KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN
FINANCIAL ESTABLISHMENTS ACT, 2004, AGAINST THE ORDER
DATED 07.03.2022 IN MISC.NO.690/2019 ON THE FILE OF THE
XCI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND
SPECIAL JUDGE FOR KPIDFE CASES, BENGALURU (CCH-92),
ALLOWING THE PETITION FILED UNDER SECTION 5(2) OF THE
KPIDFE-ACT-2004.

IN MFA.NO.3659/2022:

BETWEEN:

MOHAMMED MANSOOR KHAN,
S/O. LATE ABID ALI KHAN,
AGED ABOUT 45 YEARS,
R/AT NO. 9, PENT HOUSE,
BYTHAL MARIYAM APARTMENTS,
5TH FLOOR, PARK ROAD,
TASKER TOWN,
BANGALORE-560 001.
                                        ... APPELLANT
(BY SRI. G. MOHAN KUMAR, ADVOCATE)

AND:

1 . THE COMPETENT AUTHORITY,
    FOR-I.M.A. GROUP OF COMPANIES/
    REGIONAL COMMISSIONER- (REV),
    BENGALURU DIVISION,
    BENGALURU,
    2ND FLOOR, BMTC COMPLEX,
    K.H. ROAD, SHANTHI NAGAR,
    BENGALURU-560 027.
                             31




2 . I MONETARY ADVISORY,
    A COMPANY REGISTERED UNDER THE
    PROVISIONS OF THE COMPANIES ACT,
    REPRESENTED BY ITS MANAGING DIRECTOR,
    MOHAMED MANSOOR KHAN,
    NO.56/4, 1ST FLOOR, NANDI BUILDING,
    HOSPITAL ROAD, SHIVAJI NAGAR,
    BENGALURU-560 001.

3.   DADAPEER I @ ASSADULLAH,
     S/O. IMAAM SAAB,
     AGED ABOUT 35 YEARS,
     R/AT: NO.101, 2ND CROSS,
     MEHABOOBNAGAR,
     DAVANAGERE-577 001.

4.   DIRECTORATE OF ENFORCEMENT,
     REPRESENTED BY DEPUTY DIRECTOR,
     3RD FLOOR, 'B' BLOCK, BMTC,
     SHANTINAGAR-TTMC, K.H. ROAD,
     SHANTHINAGAR, BENGALURU,
     KARNATAKA-560 027.
                                          ...RESPONDENTS
(BY SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R1,
 SRI. MADHUKAR DESHPANDE, ADVOCATE FOR R4,
 R2-SERVICE OF NOTICE IS DISPENSED WITH
 V.C.O DTD:10.07.2025)

     THIS MFA IS FILED UNDER SECTION 16 OF THE
KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN
FINANCIAL ESTABLISHMENTS ACT, 2004, AGAINST THE ORDER
DATED 07.03.2022 IN MISC.NO.710/2019 ON THE FILE OF THE
XCI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND
SPECIAL JUDGE FOR KPIDFE CASES, BENGALURU (CCH-92),
ALLOWING THE PETITION FILED UNDER SECTION 5(2) OF THE
KPIDFE-ACT-2004.

IN MFA.NO.3660/2022:

BETWEEN:

MOHAMMED MANSOOR KHAN,
S/O. LATE ABID ALI KHAN,
                              32




AGED ABOUT 45 YEARS,
R/AT NO. 9, PENT HOUSE,
BYTHAL MARIYAM APARTMENTS,
5TH FLOOR, PARK ROAD,
TASKER TOWN,
BANGALORE-560 001.
                                        ... APPELLANT
(BY SRI. G. MOHAN KUMAR, ADVOCATE)

AND:

1 . THE COMPETENT AUTHORITY,
    FOR-I.M.A. GROUP OF COMPANIES/
    REGIONAL COMMISSIONER- (REV),
    BENGALURU DIVISION,
    BENGALURU,
    2ND FLOOR, BMTC COMPLEX,
    K.H. ROAD, SHANTHI NAGAR,
    BENGALURU-560 027.

2 . I MONETARY ADVISORY,
    A COMPANY REGISTERED UNDER THE
    PROVISIONS OF THE COMPANIES ACT,
    REPRESENTED BY ITS MANAGING DIRECTOR,
    MOHAMED MANSOOR KHAN,
    NO.56/4, 1ST FLOOR, NANDI BUILDING,
    HOSPITAL ROAD, SHIVAJI NAGAR,
    BENGALURU-560 001.

3.   DIRECTORATE OF ENFORCEMENT,
     REPRESENTED BY DEPUTY DIRECTOR,
     3RD FLOOR, 'B' BLOCK, BMTC,
     SHANTINAGAR-TTMC, K.H. ROAD,
     SHANTHINAGAR, BENGALURU,
     KARNATAKA-560 027.
                                          ...RESPONDENTS
(BY SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R1,
 SRI. MADHUKAR DESHPANDE, ADVOCATE FOR R3,
 R2-SERVICE OF NOTICE IS DISPENSED WITH
 V.C.O DTD:10.07.2025)
                              33




     THIS MFA IS FILED UNDER SECTION 16 OF THE
KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN
FINANCIAL ESTABLISHMENTS ACT, 2004, AGAINST THE ORDER
DATED 07.03.2022 IN MISC.NO.705/2019 ON THE FILE OF THE
XCI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND
SPECIAL JUDGE FOR KPIDFE CASES, BENGALURU (CCH-92),
ALLOWING THE PETITION FILED UNDER SECTION 5(2) OF THE
KPIDFE-ACT-2004.

IN MFA.NO.3661/2022:

BETWEEN:

MOHAMMED MANSOOR KHAN,
S/O. LATE ABID ALI KHAN,
AGED ABOUT 45 YEARS,
R/AT NO. 9, PENT HOUSE,
BYTHAL MARIYAM APARTMENTS,
5TH FLOOR, PARK ROAD,
TASKER TOWN,
BANGALORE-560 001.
                                      ... APPELLANT
(BY SRI. G. MOHAN KUMAR, ADVOCATE)

AND:

1 . THE COMPETENT AUTHORITY,
    FOR-I.M.A. GROUP OF COMPANIES/
    REGIONAL COMMISSIONER- (REV),
    BENGALURU DIVISION,
    BENGALURU,
    2ND FLOOR, BMTC COMPLEX,
    K.H. ROAD, SHANTHI NAGAR,
    BENGALURU-560 027.

2 . I MONETARY ADVISORY,
    A COMPANY REGISTERED UNDER THE
    PROVISIONS OF THE COMPANIES ACT,
    REPRESENTED BY ITS MANAGING DIRECTOR,
    MOHAMED MANSOOR KHAN,
    NO.56/4, 1ST FLOOR, NANDI BUILDING,
    HOSPITAL ROAD, SHIVAJI NAGAR,
    BENGALURU-560 001.
                              34




3.   DIRECTORATE OF ENFORCEMENT,
     REPRESENTED BY DEPUTY DIRECTOR,
     3RD FLOOR, 'B' BLOCK, BMTC,
     SHANTINAGAR-TTMC, K.H. ROAD,
     SHANTHINAGAR, BENGALURU,
     KARNATAKA-560 027.
                                          ...RESPONDENTS
(BY SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R1,
 SRI. MADHUKAR DESHPANDE, ADVOCATE FOR R3,
 R2-SERVICE OF NOTICE IS DISPENSED WITH
 V.C.O DTD:10.07.2025)

     THIS MFA IS FILED UNDER SECTION 16 OF THE
KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN
FINANCIAL ESTABLISHMENTS ACT, 2004, AGAINST THE ORDER
DATED 07.03.2022 IN MISC.NO.703/2019 ON THE FILE OF THE
XCI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND
SPECIAL JUDGE FOR KPIDFE CASES, BENGALURU (CCH-92),
ALLOWING THE PETITION FILED UNDER SECTION 5(2) OF THE
KPIDFE-ACT-2004.

IN MFA.NO.4307/2022:

BETWEEN:

MOHAMMED MANSOOR KHAN,
S/O. LATE ABID ALI KHAN,
AGED ABOUT 45 YEARS,
R/AT NO. 9, PENT HOUSE,
BYTHAL MARIYAM APARTMENTS,
5TH FLOOR, PARK ROAD,
TASKER TOWN,
BANGALORE-560 001.
                                        ... APPELLANT
(BY SRI. G. MOHAN KUMAR, ADVOCATE)

AND:

1 . THE COMPETENT AUTHORITY,
    FOR-I.M.A. GROUP OF COMPANIES/
    REGIONAL COMMISSIONER- (REV),
    BENGALURU DIVISION,
    BENGALURU,
                                  35




     2ND FLOOR, BMTC COMPLEX,
     K.H. ROAD, SHANTHI NAGAR,
     BENGALURU-560 027.

2.   DIRECTORATE OF ENOFRCEMENT,
     REPRESENTED BY DEPUTY DIRECTOR,
     3RD FLOOR, 'B' BLOCK, BMTC,
     SHANTINAGAR-TTMC,
     K.H. ROAD,
     SHANTHINAGAR,
     BENGALURU,
     KARNATAKA-560 027.
                                                  ...RESPONDENTS
(BY SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R1,
SRI. MADHUKAR DESHPANDE, ADVOCATE FOR R2)


      THIS   MFA   IS   FILED   UNDER       SECTION   16    OF   THE
KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN
FINANCIAL ESTABLISHMENTS ACT, 2004, AGAINST THE ORDER
DATED 31.05.2022 IN MISC.NO.569/2022 ON THE FILE OF THE
XCI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND
SPECIAL JUDGE FOR KPIDFE CASES, BENGALURU (CCH-92),
ALLOWING THE PETITION FILED UNDER SECTION 5(2) OF THE
KPIDFE-ACT-2004.


      THESE APPEALS HAVING BEEN HEARD AND RESERVED FOR
JUDGMENT      ON    13.10.2025        AND    COMING        ON    FOR
PRONOUNCEMENT OF JUDGMENT THIS DAY, ANU SIVARAMAN
J., PRONOUNCED THE FOLLOWING:

CORAM:    HON'BLE MRS. JUSTICE ANU SIVARAMAN
          and
          HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
                                 36




                       CAV JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Miscellaneous First Appeals No.3055/2022, 3403/2022, 3605/2022, 3606/2022, 3607/2022, 3608/2022, 3609/2022, 3610/2022, 3611/2022, 3612/2022, 3640/2022, 3642/2022, 3645/2022, 3646/2022, 3648/2022, 3650/2022, 3652/2022, 3654/2022, 3656/2022, 3657/2022, 3658/2022, 3659/2022, 3660/2022 and 3661/2022 are preferred against the common order dated 07.03.2022 passed by the XCI Additional City Civil and Sessions Judge, Bengaluru (CCH-92) ('Special Court' for short) in Misc.No.688/2019 and connected matters under Section 5(2) of the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004 ('KPIDFE Act' for short).

Miscellaneous First Appeal No.4307/2022 is preferred against the order dated 31.05.2022 passed by the XCI Additional City Civil and Sessions Judge, Bengaluru (CCH-

92) ('Special Court' for short) in Misc.No.569/2019 under Section 5(2) of the 'KPIDFE Act.

37

2. The learned counsel appearing for the appellant Shri. Vignesh Shetty, had filed a memo of relinquishment of Vakalath. The learned counsel, Shri G. Mohan Kumar, appearing for the appellant, had sought time to file the Vakalath when the matters were listed on 13.10.2025. The matters were re-listed on 16.10.2025. However, when the matters were taken up for further hearing today, that is, on 16.10.2025, there was no appearance on behalf of the appellant and it appears that no Vakalath has also been filed.

Accordingly, we have considered the contentions raised in the appeals; we have also heard Shri. Veeresh R. Budhihal, learned counsel appearing for respondent No.1 and Shri. Madhukar Deshpande, learned counsel appearing for respondent No.3.

3. The appellants herein are the financial establishment, its Managing Director, Directors and other persons closely associated with the financial establishment and its subsidiary Firms and Companies. The subject properties are the properties purchased either by the 38 establishment or the Managing Director or other Directors or Partners, who are directly connected to the financial establishment during the period from 2014 to 2018. An interim order of attachment was passed by the Government of Karnataka attaching the properties of the appellants exercising power under Section 3(2) of the KPIDFE Act. The orders were duly published in the Official Gazette as also in Newspapers. Thereafter, finding certain errors, Corrigendum Notifications were also issued which were also duly published. The competent authority had thereafter filed an application under Section 5 of the KPIDFE Act seeking to make the interim order of attachment absolute. Notice was issued, pursuant to which the Financial Establishment and its Managing Director had entered appearance through Counsel. The other respondents did not appear. They raised a contention that the Notification under Section 3(2) of the KPIDFE Act was issued without application of mind and the same is illegal.

4. It was also contended that Writ Petition No.45009/2019 had been filed before this Court to quash 39 the Notification issued under Section 3(2) of the KPIDFE Act and that the application under Section 5(2) of the KPIDFE Act is therefore liable to be dismissed. Further, a contention was raised that amounts were collected as investments from investors in the Company and that they do not fall within the definition of 'deposit' under the KPIDFE Act. Further, it was contended that the required details were absent in the petition and that no orders extending the attachment could have been passed.

5. The Special Court considered the contentions and found that the petition schedule properties were attached by the Government exercising power under Section 3(2) of the KPIDFE Act. Referring to the provisions of the KIPDFE Act especially Sections 2, 12(1) and 12(6) thereof, the Special Court came to the conclusion that it was for the appellants to show-cause as to why the interim order of attachment should not be made absolute and in the absence of any proper reason being stated by the appellants, the orders were liable to be made absolute. Further, it was found that the definition of 'deposit' under Section 2(3) of the KPIDFE 40 Act would cover all amounts including contributions towards working capital and that the said contention is completely without substance.

6. Further, it was found that all necessary material to find that the Financial Establishment had collected large amounts from the depositors and was unable to repay such deposits and that the properties available with the Financial Establishment was grossly insufficient to repay the depositors had all been made available by the competent authority before the Special Court. Rejecting the contentions of the Financial Establishment and its Managing Director, the attachment was made absolute.

7. These appeals are preferred raising the same contentions with regard to the definition of 'deposit' under Sections 2(2) and 2(3) of the KPIDFE Act. Further, a contention is raised that the properties in question have been attached by the Enforcement Directorate and that the very same properties could not be attached under the provisions of the KPIDFE Act.

41

8. The learned counsel appearing for the competent authority submits that the competent authority had filed Writ Petition No.29299/2023 before this Court seeking to set aside the order dated 04.02.2023 passed by the XXI Additional City Civil and Sessions Judge, Bangalore (CCH-

04) on I.A.No.1/2022 in Special CC No.1088/2019. The Enforcement Directorate entered appearance in the matter and submitted on instructions that the Directorate has no objection to release the properties that are overlapping which are under attachment both by the petitioner and the Directorate to the competent authority under the KPIDFE Act. The writ petition was therefore disposed of, leaving open the legal questions and directing respondent No.1 - Directorate of Enforcement to de-attach the properties from its hold and to permit the attachment of those properties by the competent authority.

9. With regard to the question of deposit also, the learned counsel would submit that a bare reading of the definition of 'deposit' under the KPIDFE Act would make it 42 clear that even investments would come within the term 'deposit' under the said definition.

10. The learned counsel for the competent authority has placed the following judgments:-

• The Competent Authority v. The Directorate of Enforcement, by Order dated 24.02.2025 passed in W.P.No.29299 of 2023 (GM-RES);
• Mr. Ashish Mahendrakar v. State of Maharashtra, by Order dated 13.09.2019 passed in W.P.No.3228 of 2019; and • Milind Satish Sawant v. The State of Maharashtra, by Order dated 04.09.2025 passed in Bail Application No.1175 of 2025.

11. Having considered the contentions advanced, we find that though it is contented that the writ petition had been filed challenging the Notification under Section 3(2) of the KPIDFE Act, no orders are passed thereon. The Writ Petition No.45009/2019 had been listed before the Bench on 10.10.2019 and on several occasions thereafter, the last listing being on 28.08.2024. However, there are no interim orders passed in the same. In the above circumstances, the action of the Competent Authority in having preferred the 43 application under Section 5(2) of the KPIDFE Act and of the Special Court in having considered the said application is unexceptionable.

12. Further, we notice that Section 2(2) of the KPIDFE Act defines 'deposit' as follows:-

"(2) "Deposit" includes and shall be deemed always to have included any receipt of money or acceptance of any valuable commodity by any Financial Establishment to be returned after a specified period or otherwise, either in cash or in kind or in the form of a specified service with or without any benefit in the form of interest, bonus, profit or in any other form, but does not include,-
           (i)     amount raised by way of share capital or by
                   way     of        debenture,   bond   or   any     other
                   instrument covered under the                guidelines
given and regulations made, by the Security Board of India, established under the Securities and Exchange Board of India Act, 1992;
(ii) amounts contributed as capital by partners of a firm;
(iii) amounts received from a scheduled bank or a co-operative bank or any other banking company as defined in clause (c) of section 5 of the Banking Regulation Act, 1949 (Central Act 15 of 1992) ;
44
            (iv)    any amount received from,-
                    (a)    the Industrial Development Bank of
                           India,
                    (b)    a State Financial Corporation,
                    (c)    any financial institution specified in or
                           under section 4A of the Companies
                           Act, 1956(Central Act 1 of 1956) or
                    (d)    any other institution that may be
                           specified by the Government in this
                           behalf;

            (v)     amounts received in the ordinary course of
                    business by way of,-
                    (a)    security deposit,
                    (b)    dealership deposit,
                    (c)    earnest money,
                    (d)    advanced against order for goods or
                           services;

            (vi)    any amount received from an individual or a
                    firm   or   an   association     of   individuals,
registered under any enactment relating to money lending which is for the time being in force in the State: and
(vii) any amount received by way of subscriptions in respect of a Chit."

Section 2(3) of the KPIDFE Act defines 'depositor' as follows:-

"(3) "Depositor" means a person who has made deposits with Financial Establishment;"

13. On a close reading of the definitions, we are of the opinion that any amount paid by any person to a financial establishment would answer the definition of 45 deposit unless such amount falls within the exceptions as provided under sub-clause (i) to (vii) which are specifically the exceptions to deposit under Section 2(2) of the KPIDFE Act. The appellants have not placed any pleadings on record or produced any material to substantiate their contention that the amounts fall within any of the exceptions provided under sub-clauses (i) to (vii) of Section 2(2) of the KPIDFE Act. If the amounts were raised as share capital, debentures, bonds etc, there would be clear records to show the same. Therefore, going by the definition of deposit, the amounts accepted by the financial establishment which are not specifically covered by the exceptions would fall within the definition of deposit. In that view of the matter, there is no merit in the said contention. Further, the contention that the properties are already under attachment by the Enforcement Directorate, also does not survive for consideration. The decisions relied on by the learned counsel for the respondents would support the contentions urged by the respondents.

46

14. In the said circumstances, we are of the opinion that no sustainable grounds have been raised in these appeals for our consideration. These appeals therefore fail and the same are accordingly dismissed.

All pending interlocutory applications shall stand dismissed in all the appeals.

Sd/-

(ANU SIVARAMAN) JUDGE Sd/-

(VIJAYKUMAR A. PATIL) JUDGE cp*