Karnataka High Court
Muthoot Finance Limited vs The State Of Karnataka on 6 August, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:31321
WP No. 21154 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 21154 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
NO.4/388, SARAWATHI COMPLEX,
VIP NAGAR, HOSUR ROAD,
SHOOLAGIRI - 635 117.
REPRESENTED BY ITS
AUTHORIZED OFFICER AND
CHIEF MANAGER
SRI. AJUMON P GEORGE.
Digitally signed by ...PETITIONER
R HEMALATHA
Location: HIGH (BY SRI. ANISH JOSE ANTONY., ADVOCATE)
COURT OF
KARNATAKA
AND:
1. THE STATE OF KARNATAKA,
BY ITS SECRETARY,
HOME DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. THE STATION HOUSE OFFICER /
SUB INSPECTOR OF POLICE,
GIRINAGAR POLICE STATION,
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NC: 2024:KHC:31321
WP No. 21154 of 2024
BENGALURU
KARNATAKA - 560 085.
...RESPONDENTS
(BY SRI.SHAMANTH NAIK, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE
INTERFERE BY THE RESPONDENTS IN PETITIONERS BUSINESS
FOR FORCEFULLY SEIZING THE GOLD ARTICLES PLEDGED BY IT
COSTUMERS IN 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,
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.
NC: 2024:KHC:31321
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.
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
RKA
