Karnataka High Court
Shri Narendra Kumar vs Shri Sunil Panwar on 14 October, 2024
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NC: 2024:KHC:41547-DB
CCC No. 629 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR. N.V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K.V. ARAVIND
CCC NO. 629 OF 2022 (CIVIL)
BETWEEN:
1. SHRI NARENDRA KUMAR
S/O LATE KASHINATH PANDEY
AGED ABOUT 58 YEARS
R/AT NO.9, 6TH CROSS
SINGAPURA LAYOUT
VIDYARANYAPURA POST
BENGALURU - 560 097
...COMPLAINANT
(BY SRI NARENDRA KUMAR, PARTY-IN-PERSON)
AND:
Digitally signed by
VASANTHAKUMARY
BK 1. SHRI SUNIL PANWAR
Location: High Court
of Karnataka EXECUTIVE DIRECTOR
CENTRE FOR SMART GOVERNANCE
2ND FLOOR, BMTC BUILDING
YESHWANTHAPUR
BENGALURU - 560 052
2. SHRI GOPALKRISHNA H N
MANAGING DIRECTOR
KARNATAKA PUBLIC LAND CORPORATION
2ND FLOOR, DC OFFICE BUILDING
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CCC No. 629 of 2022
K G ROAD, BENGALURU - 560 009
THE COMPETENT AUTHORITY
FOR KANVA GROUP OF COMPANIES
(IN W.P.NO.514/2021)
3. SHRI AMALAN ADITYA BISWAS
SPECIAL OFFICER AND
COMPETENT AUTHORITY FOR
IMA AND OTHER SCAMS
3RD FLOOR, PODIUM BLOCK
V.V. TOWERS, DR. AMBEDKAR ROAD
BENGALURU - 560 001
...ACCUSED
4. THE STATE OF KARNATAKA
REPRESENTED BY ITS
CHIEF SECRETARY
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA
BENGALURU - 560 001
...PROFORMA
RESPONDENT
(BY SMT. SHWETA KRISHNAPPA, AGA FOR R-1 & 4;
R-2 SERVED & UNREPRESENTED;
SRI VEERESH BUDIHAL, ADVOCATE FOR R-3)
THIS CCC IS FILED UNDER ARTICLE 215 OF THE
CONSTITUTION OF INDIA READ WITH SECTIONS 11 AND 12
OF THE CONTEMPT OF COURTS ACT, 1971, PRAYING TO
HOLD ACCUSED NOS.1 TO 3 IN CONTEMPT FOR NOT
COMPLYING AND WILLFULLY DISOBEYING THE ORDERS OF
THIS COURT WHICH WERE PASSED IN W.P.NO.514/2021 (PIL)
IN THE ORDER DATED 19.07.2021 (PRODUCED HEREWITH
AND MARKED AS ANNEXURE-A).
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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CCC No. 629 of 2022
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
Heard learned complainant party-in-person Mr. Narendra
Kumar, learned Additional Government Advocate Smt. Shweta
Krishnappa for respondent Nos.1 and 4 and learned advocate
Mr. Veeresh Budihal for respondent No.3.
2. It could hardly be disputed even by the complainant-party-in-
person that the order dated 19.07.2021 which is brought under the
contempt jurisdiction of this Court by invoking the provisions of the
Contempt of Courts Act, 1971, is an interim order passed in the
pending Writ Petition No.514 of 2021.
3. In the writ petition, the grievance was raised that thousands
of depositors deposited their money in Kanva Souhardha
Co-operative Credit Limited, but were not paid the due amount
even after the maturity period. It was contended that the depositors
were forced to accept shares and other forms of investments in
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respondent No.10-Kanva Group of Companies. The petitioner
sought umbrella of protection under the provisions of the Karnataka
Protection of Interest of Depositors in Financial Establishments Act,
2004.
3.1 The prayer in the writ petition was for issuing direction to
respondent No.2-authority to immediately identify the assets and
properties of respondent No.10 including the benami transactions
of the group of companies. It was further prayed to direct
respondent No.2 to take steps to arrest the Directors and
Managers and to identify the deposit takers who have allegedly
duped the interest of the depositors. Yet another prayer was made
to invoke the provisions of Section 2(6)(viii) of the Banning of
Unregulated Deposit Schemes Act, 2019.
3.2 It appears that in the said proceedings, action taken report
was directed by the Court. It was observed that the State
Government shall seek approval of the Central Government for use
of Aadhaar identification for authentication and verification of the
identity of the claimants and the secured creditors who make online
claims in accordance with Section 7(2) of the aforesaid Act of 2004.
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3.3 In paragraph 3 of the interim order, the State Government
was directed by the Court to make an application to the
Government of India for grant of permission to use Aadhaar base
authentication. It was further observed that action will have to be
initiated on the basis of inquiry report in terms of Sections 37 and
37-A of the Karnataka Souharda Sahakari Act, 1997.
4. The grievance of the complainant is that actions have not
been initiated.
5. Admittedly, the State Government has already made the
application to the Government of India for grant of permission to
use Aadhaar base authentication and the report is also submitted.
5.1 Not only that the order under contempt is an interim order
which does not decide the rights of the parties finally, but part of
the directions are complied with. The only grievance is that certain
actions are not taken in terms of the inquiry report.
5.2 Since the order is an interim order and the proceedings of
writ petition are at large before the Court to be considered on
merits, the Court is not inclined to entertain the present contempt
petition, however, observing and leaving open for the complainant
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to raise all the contentions on merits before the Court including the
aspect that actions are not taken in terms of the inquiry report.
6. All such contentions will be dealt with, as and when raised, in
accordance with law.
7. The present contempt proceedings are accordingly disposed
of as not entertained.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
BKV
