Karnataka High Court
Muthoot Finance Limited vs The State Of Karnataka on 1 August, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:30539
WP No. 20228 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 20228 OF 2024 (GM-POLICE)
BETWEEN:
MUTHOOT FINANCE LIMITED
A COMPANY INCORPORATED UNDER THE COMPANIES
ACT 1956, HEAD OFFICE AT MUTHOOT CHAMBERS
OPP: SARITHA THEATRE COMPLEX
BANERJEE ROAD, KOCHI-682 018
HAVING ONE OF ITS BRANCH AT
DINNUR MAIN ROAD,
SULTHAN PALAYA, RT NAGAR,
BANGALORE-560 032
REPRESENTED BY IS AUTHORIZED OFFICER AND
CHIEF MANAGER
SRI AJUMON P. GEORGE
...PETITIONER
(BY SRI. ANISH JOSE ANTONY, ADVOCATE)
Digitally signed by AND:
R HEMALATHA
Location: HIGH 1. THE STATE OF KARNATAKA
COURT OF
KARNATAKA BY ITS SECRETARY,
HOME DEPARTMENT,
VIDHANA SOUDHA
BENGALURU-560 001.
2. THE STATION HOUSE OFFICER / POLICE INSPECTOR
RT NAGAR POLICE STATION,
DINNUR MAIN ROAD
P AND T COLONY, RT NAGAR
BENGALURU, KARNATAKA-560 032.
...RESPONDENTS
(BY SRI. SHAMANTH NAIK, HCGP FOR R1 & R2)
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NC: 2024:KHC:30539
WP No. 20228 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT
THE INTERFERENCE BY THE RESPONDENTS IN PETITIONERS
BUSINESS FOR FORCEFULLY SEIZING THE GOLD ARTICLES
PLEDGED BY IT COSTUMERS IS ARBITRARY AND IS IN VIOLATION
OF FUNDAMENTAL RIGHTS GUARANTEED UNDER ARTICLE 14
AND 19(1)(g) OF THE CONSTITUTION OF INDIA AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
1. Heard the learned counsel for the petitioner and the
learned HCGP for the respondents.
2. The petitioner is a company registered under the
provisions of the Companies Act, 1956, and has been licensed by
the Reserve Bank of India to conduct business as a non-banking
financial institution under the provisions of Chapter III B of the
Reserve Bank of India Act, 1934.
3. The grievance of the petitioner is that the respondent
police seized the gold ornaments on the suspicion that they were
involved in a crime. The issue involved in this petition was
examined by the Co-ordinate Bench of this Court in W.P. No.
10754/2023, disposed of on 6.6.2023, which referred to W.P. No.
22441/2022, disposed of on 15.11.2022. Paragraphs 2 and 3 of
that order state as follows:
"2. A perusal of the order passed on
14.10.2022 the notice does not in effect indicate
anything contrary to what is passed. The only
NC: 2024:KHC:30539
observation is that the writ petition is dismissed
and therefore, the gold articles are directed to be
produced for investigation. This Court has
permitted production of gold articles for
investigation, but the Investigating Officer cannot
seize the same.
3. Learned counsel for the petitioner would
submit that he is co-operating with the
investigation and indication of dismissal of the
petition should not lead to seizure of the gold
articles. This Court has clearly held that the gold
articles cannot be seized and therefore, the
Investigating Officer cannot seize the gold articles,
but can examine the same by summoning it for
the purpose of investigation."
4. Furthermore, the Co-ordinate Bench relied on the
judgment of the Division Bench of this Court in W.A. Nos. 932-
933/1974, disposed of on 11.12.1974, wherein it was ruled that the
Court should treat similar cases alike, and if relief is granted to one
litigant, it should be extended to a similarly circumstanced litigant
as well, provided there are no derogatory circumstances.
5. Therefore, this petition also stands disposed of in
terms of the order passed by the Co-ordinate Bench of this Court in
W.P. No. 10754/2023.
Ordered accordingly.
Sd/-
(HEMANT CHANDANGOUDAR)
JUDGE
HR
