Karnataka High Court
Manappuram Finance Ltd vs The State Of Karnataka on 25 November, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:48160
WP No. 31570 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 31570 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-680 567
HAVING ONE OF ITS BRANCH AT:-
JAYANAGAR 9TH BLOCK SECOND FLOOR
EAST END MAIN ROAD
NEAR FOOD CORPORATION OF INDIA
9TH BLOCK, JAYANAGAR
BENGALURU DISTRICT-560 069
REP. BY AUTHORISED SIGNATORY
AND AREA MANAGER, MR. NEELAM SALMAN.
...PETITIONER
Digitally signed (BY SRI. K.R. POORNA PRASAD, ADVOCATE)
by R
HEMALATHA
Location: HIGH
AND:
COURT OF
KARNATAKA 1. THE STATE OF KARNATAKA
BY ITS SECRETARY, HOME DEPARTMENT
VIDHANA SOUDHA
BENGALURU-560 001.
2. THE COMMISSIONER OF POLICE
BANGALORE CITY
KARNATAKA-560 001.
3. THE INSPECTOR OF POLICE
SUBRAMANYANAGARA POLICE STATION
DR. RAJKUMAR ROAD
-2-
NC: 2024:KHC:48160
WP No. 31570 of 2024
SUBRAMANYA NAGAR
BANGALORE-560 010.
...RESPONDENTS
(BY SRI. K.P. YOGANNA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE NOTICES BOTH DATED 23.11.2024 ISSUED
UNDER SECTION 94 OF BNSS ADDRESSED TO
MANAPPURAM FINANCE LIMITED, THE PETITIONER HEREIN,
BY THE R-3 FURNISHED AS ANNEXURE-E 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
(dated 06.06.2023). In that case, relying on the decision in WP
No.22441/2022 (dated 15.11.2022), it was held as follows in
paragraphs 2 and 3 of the said judgment:
NC: 2024:KHC:48160
"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. Therefore, it is expedient to dispose of the writ
petition in terms of the order passed in the aforesaid petition.
5. The relief granted to the litigant in the cognate writ
petition is extended to the petitioner herein as well, mutatis
mutandis.
Sd/-
(HEMANT CHANDANGOUDAR)
JUDGE
BKM
