Karnataka High Court
Manappuram Finance Ltd vs The State Of Karnatkaa on 2 August, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:30659
WP No. 20918 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 20918 OF 2024 (GM-POLICE)
BETWEEN:
MANAPPURAM FINANCE LTD
A COMPANY INCORPORATED
UNDER THE COMPANIES ACT 1956
HAVING REGISTERED OFFICE AT
MANAPURAM HOUSE, A.O VALAPAD
TRISSUR DISTRICT, KERALA 680567
HAVING ONE OF ITS BRANCH AT
LIC COLONY BASAVESHWARA
NAGAR BUILDING NO.1, 1ST FLOOR,
LIC MODEL COLONY ,
KAMALA NAGAR MAIN ROAD,
NEAR WATER TANK, BENGALURU DT- 560079
REP BY ITS AREA HEAD
THE AUTHORISED OFFICER SELVAM C.
...PETITIONER
(BY SRI. ANISH JOSE ANTONY., ADVOCATE)
AND:
Digitally signed by 1. THE STATE OF KARNATAKA
R HEMALATHA BY ITS SECRETARY
Location: HIGH HOME DEPARTMENT
COURT OF
KARNATAKA VIDHANA SOUDHNA
BENGALURU 560 001.
2. THE STATION HOUSE OFFICER/POLICE INSPECTOR
MAGADI ROAD POLICE STATION
POLICE COLONY, MAGADI ROAD
BANGALORE, KARNATAKA 560 023.
...RESPONDENTS
(BY SRI. SHAMANTH NAIK, HCGP)
THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT
THE INTERFERENCE BY THE RESPONDENTS IN
PETITIONERS BUSINESS FOR FORCEFULLY SEIZING THE
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NC: 2024:KHC:30659
WP No. 20918 of 2024
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 IN THE INTEREST OF JUSTICE AND
EQUITY AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The learned High Court Government Pleader accepts notice
for the respondents.
2. The petitioner seeks a declaration that the interference
by the respondents in the petitioner's business, specifically the
forceful seizure of gold articles pledged by its customers, is
arbitrary and in violation of fundamental rights under Articles 14
and 19(1)(g) of the Constitution of India.
3. The issue involved in this petition was examined by a
coordinate Bench of this Court in WP No. 10754/2023 (order dated
6th June 2023). The Bench relied on the decision in WP No.
22441/2022 (order dated 15th November 2022), wherein
paragraphs 2 and 3 of the judgment held 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 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.
NC: 2024:KHC:30659
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. Accordingly, it is appropriate to dispose of the writ
petition in accordance with the order passed in the aforementioned
petition. The relief granted to the litigant in the cognate writ petition
is extended to the petitioner herein, mutatis mutandis.
Sd/-
(HEMANT CHANDANGOUDAR)
JUDGE
BKM
