Karnataka High Court
Smt.Komal S Shah vs Union Of India on 11 August, 2022
Bench: Krishna S.Dixit
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.9807 OF 2022 (GM-RES)
BETWEEN:
SMT.KOMAL S SHAH,
AGED ABOUT 42 YEARS,
DAUGHTER OF ASHWIN KUMAR JAYANTILAL SHAH,
W/O OF SAUMIL G SHAH ,
RESIDING AT NO.39, CUNNIGHAM ROAD CROSS,
BENGALURU 560 001.
...PETITIONER
(BY SRI. JEEVAN KUMAR B S, ADVOCATE)
AND:
1. UNION OF INDIA,
REPRESENTED BY ITS SECRETARY,
MINISTRY OF HEALTH AND
FAMILY WELFARE DEPARTMENT
ROOM NO. 348, A WING, NIRMAN BHAVAN ,
NEW DELHI 110 011.
2. UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF CORPORATE AFFAIRS DEPARTMENT,
A WING, SHASTRI BHAWAN,
RAJENDRA PRASAD ROAD,
NEW DELHI 110 001.
3. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF HEALTH AND FAMILY WELFARE DEPARTMENT,
#105, 1ST FLOOR, VIKAS SOUDHA,
BENGALURU 560 001.
4. MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT,
2
GOVERNMENT OF INDIA,
SHASTRI BHAWAN, DR.RP MARG,
NEW DELHI, 11, SAFDARJUNG ROAD,
NEW DELHI - 110 021.
REPRESENTED BY ITS SECRETARY.
5. JAYANTHI DISTRIBUTORS PRIVATE LIMITED,
B-201, 2ND FLOOR, TITANIUM HEIGHTS,
PRAHALDNAGAR CORPORATE ROAD,
AHMEDABAD,GUJARATH - 380 051.
REPRESENTED BY ITS DIRECTORS.
6. INDIAN PRODUCTS PRIVATE LIMITED
604A, QUEENS CORNER, 3, QUEENS ROAD,
BENGALURU - 560 001.
REPRESENTED BY ITS DIRECTORS.
7. SMP TEA PRIVATE LIMITED.,
TRADE CENTRE, 2ND FLOOR, KAVUNDAMPALYAM,
METTUPALAYAM ROAD, COIMBATORE,
TAMIL NADU - 641 030.
REPRESENTED BY ITS DIRECTORS.
8. JAYANTHI INFRASTRUCTURE PRIVATE LIMITED,
B-201, 2ND FLOOR, TITANIUM HEIGHTS,
PRAHLADNAGAR, CORPORATE ROAD,
AHMEDABAD, GUJARATH - 380 051.
REPRESENTED BY ITS DIRECTORS.
9. MILAN CREATIVE DEVELOPERS PRIVATE LIMITED.,
NO.39, CUNNINGHAM ROAD, BENGALURU - 560 052.
REPRESENTED BY ITS DIRECTORS.
10. ON1Y HERBS AND SPICE PRIVATE LIMITED,
604, QUEENS CORNER A, 3, QUEENS ROAD,
BENGALURU - 01.
REPRESENTED BY ITS DIRECTORS.
11. JAYANTHI SMP TEA PRIVATE LIMITED,
TRADE CENTRE, SARAVANA NAGAR, KAUMDAMPALYAM,
METTUPALAYAM ROAD, COIMBATORE,
TAMIL NADU - 641 030.
REPRESENTED BY ITS DIRECTORS.
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12. GENERAL COMMODITIES PRIVATE LIMITED,
604, QUEENS CORNER A, 3, QUEENS ROAD,
BENGALURU - 01.
REPRESENTED BY ITS DIRECTORS.
13. MILAN BUSINESS ASSOCIATES PRIVATE LIMITED,
39, CUNNINGHAM ROAD CROSS,
BENGALURU - 560 052.
REPRESENTED BY ITS DIRECTORS.
14. KYRA VENTURES PRIVATE LIMITED,
14C, BINNY CRESCENT, NO.16,
BENSON CROSS ROAD, BENSON TOWN,
BENGALURU - 560 046.
REPRESENTED BY ITS DIRECTORS.
15. KOVAI MANAGEMENT SERVICES PRIVATE
LIMITED(OPC), 39, CUNNINGHAM ROAD CROSS,
BENGALURU - 560 052.
REPRESENTED BY ITS DIRECTORS.
R4 TO R15 ARE AMENDED V.C.O DATED 27.07.2022
...RESPONDENTS
(BY SRI.SHANTHI BHUSHAN H, ASG FOR R1, R2 & R4;
SMT.RASHMI PATEL, HCGP FOR R3;
SRI.P.M.GOPI, ADVOCATE FOR R5 TO R15)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO A) APPOINT SMT
KOMAL S SHAH DAUGHTER OF ASHWIN KUMAR JAYANTILAL SHAH,
RESIDING AT NO.39 CUNNINGHAM ROAD, BENGALURU-01 AS
LEGAL GUARDIAN OF SRI ASHWIN KUMAR JAYANTILAL SHAH
AGED ABOUT 71 YEARS, SINCE HE IS IN A STATE OF COMATOSE
AND ETC.,
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
The subject matter of this Writ Petition is substantially
similar to the one in W.P.No.14544/2021 between
SRI.STEWART BRADLEY MICIOTTO AND ANOTHER VS. STATE
OF KARNATAKA AND OTHERS, disposed off by this court vide
judgment dated 8.8.2022 granting some relief to the litigants
therein.
2. The Division Bench of this Court in W.A.Nos.932-
933/1974 between A.V.VINODA & ANOTHER Vs. STATE OF
KARNATAKA BY ITS COMMISSIONER & SECRETARY disposed
off on 11.12.1974, has held that the Court should treat like-
cases alike and if relief is granted to a litigant, similar relief
cannot be denied to other similarly circumstanced litigant as
well, there being no derogatory circumstances.
In the above circumstances, this Writ Petition is disposed
off in terms of the judgment in the cognate case. Same terms
& conditions incorporated in the said judgment would govern
claim of the petitioner, as well.
Sd/-
JUDGE
cbc
