Karnataka High Court
WP/3147/2024 of M/S ORIG PHARMACEUTICALS PVT LTD., Vs THE AUTHORIZED OFFICER INDUSIND BANK LIMITED on 1 October 2026
CNR: KAHC010056202024 NC: 2026:KHC:54762 WP No. 3147 of 2024 C/W WP No. 3297 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA WRIT PETITION NO. 3147 OF 2024 (GM-RES) C/W WRIT PETITION NO. 3297 OF 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA
WRIT PETITION NO. 3147 OF 2024 (GM-RES)
C/W
WRIT PETITION NO. 3297 OF 2024 (GM-RES)
IN WP No. 3147/2024
BETWEEN:
1.
M/S ORIG PHARMACEUTICALS PVT. LTD.,
NO.18, Y.V. ANNAIAH ROAD
YALACHENAHALLI, J.P.NAGAR POST
BANGALORE SOUTH
BANGALORE – 560 078
REPRESENTED BY ITS DIRECTORS
2.
MR. JEAN KAMAL (DIRECTOR)
AGED ABOUT 45 YEARS
S/O SRI. KAMALAN B.
3.
MRS. LAKSHMI JEAN ( DIRECTOR)
AGED ABOUT 40 YEARS
W/O SRI JEAN KAMAL
BOTH ARE R/AT NO.118
LEYAM, KHATA NO.24/2
4TH CROSS, M.S.LAYOUT,
JARAGANAHALLI, J.P.NAGAR
6TH PHASE, BANGALORE SOUTH
BANGALORE – 560 078.
…PETITIONERS
(BY SRI MOHAMMED ATIF, ADVOCATE FOR
SRI RAJENDRA M.A., ADVOCATE)
Digitally signed
by PAVITHRA B
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
AND:
THE AUTHORIZED OFFICER
INDUSIND BANK LIMITED
HAVING ITS REGISTERED OFFICE AT
2401, GENERAL THIMMAYYA ROAD
CANTONMENT, PUNE
REP. BY ITS GENERAL MANAGER
BRANCH OFFICE AT
EMBASSY HEIGHTS, 3RD FLOOR
B.BLOCK, MAGARATH ROAD
BANGALORE - 560 025.
…RESPONDENT
(BY SMT. CHITHRA NIRMALA P., ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH/SET ASIDE
THE IMPUGNED ORDER DTD 26.12.2023 PASSED BY THE
HON’BLE
30TH
ACMM
COURT,
AT
BENGALURU,
IN
CRL.MISC.NO.6817/2023
ANNEXURE-A,
SINCE
THERE
IS
GROSS VIOLATION OF PROVISIONS OF THE ACT AND ON
SUBSTANTIAL QUESTION OF LAW, WHICH THE HON’BLE 30TH
ACMM COURT, AT BENGALURU, FAILED TO CONSIDER WHILE
PASSING THE IMPUGNED ORDER AND ETC.,
IN WP NO. 3297/2024
BETWEEN:
1.
M/S. L.K.MED SUPPLIES
REGISTERED UNDER THE
PARTNERSHIP ACT, 1932
NO.18, Y.V. ANNAIAH ROAD
YALACHENAHALLI
J.P. NAGAR POST
BANGALORE SOUTH
REPRESENTED BY ITS PARTNERS.
HC-KAR
2.
MR. JEAN KAMAL
AGED ABOUT 45 YEARS
S/O. SRI KAMALAN B.
3.
MRS. LAKSHMI JEAN
AGED ABOUT 40 YEARS
W/O. SRI. JEAN KAMAL
BOTH ARE RESIDING AT
NO.118, LEYAM KHATA NO.24/2
4TH CROSS, M.S. LAYOUT
JARAGANAHALLI, J.P. NAGAR
6TH PHASE, BANGALORE SOUTH
BANGALORE - 560 078.
...PETITIONERS
(BY SRI MOHAMMED ATIF, ADVOCATE FOR
SRI RAJENDRA M.A., ADVOCATE)
AND:
THE AUTHORIZED OFFICER
INDUSIND BANK LIMITED
HAVING ITS REGISTERED OFFICE
AT 2401, GENERAL THIMMAYYA ROAD
CANTONMENT, PUNE
ALSO BRANCH OFFICE AT
EMBASSY HEIGHTS
3RD FLOOR, B BLOCK
MAGARATH ROAD
BANGALORE – 560 025
REP. BY ITS GENERAL MANAGER.
...RESPONDENT
(BY SMT. CHITHRA NIRMALA P., ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH/SET
ASIDE THE IMPUGNED ORDER DTD 18.12.2023 PASSED BY
THE HON’BLE 2ND ACMM COURT, AT BENGALURU, IN
CRL.MISC.NO.7126/2023 ANNEXURE-A, SINCE THERE IS
HC-KAR
GROSS VIOLATION OF PROVISIONS OF THE ACT AND ON
SUBSTANTIAL QUESTION OF LAW, WHICH THE HON’BLE
2ND ACMM COURT, AT BENGALURU, FAILED TO CONSIDER
WHILE PASSING THE IMPUGNED ORDER AND ETC.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE T.P.VIVEKANANDA
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ORAL ORDER
Learned counsel for the petitioners in W.P.No.3147/2024 have challenged the order dated 26.12.2023 in Crl.Misc.No.6817/2023 passed by the 30th ACMM Court at Bengaluru and the petitioners in W.P.No.3297/2024 have challenged the order dated 18.12.2023 in Crl.Misc.No.7126/2023 allowing the petition filed by the respondent - Bank under Section 14 of the SARFAESI Act.
2. The submission of the learned counsel for the respondent is that, since there was no interim order granted in the present writ petitions, the respondent – Bank, acting pursuant to the order passed by the learned Magistrate took over possession of the secured asset and
HC-KAR
sold in public auction. In the light of the subsequent development, the prayer sought in both the petitions has rendered infructuous.
3. Taking note of the aforesaid submission of the learned counsel for the respondent, the writ petitions are dismissed as having become infructuous.
Sd/- (T.P.VIVEKANANDA) JUDGE
GSR List No.: 1 Sl No.: 24