Disposed

Mr. Fayaz Baig v. the State of Karnataka

Karnataka HC8 Dec 2023WP/14323/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of connected writ petitions filed by purchasers of attached property. The court directed the competent authority to consider representations within four weeks regarding disclosure of the account statement of the property seller specific to the petitioners' properties, leaving any final determination or tap on interim protection to the Court.

What did the court decide?

Petitioners to submit a representation to the Competent Authority for account disclosure; Authority to consider it within four weeks; interim protection continues in the meantime.

Mr. Fayaz Baig Vs the State of Karnataka — Money Laundering | Karnataka HC (2023)

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1 - NC: 2023:KHC:44729 WP No. 14323 of 2023 C/W WP No. 25961 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF DECEMBER, 2023 BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 14323 OF 2023 (GM-RES)

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C/W

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WRIT PETITION NO. 25961 OF 2022 (GM-RES)

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IN WP NO. 14323/2023

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BETWEEN:

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MR. FAYAZ BAIG, S/O. KHADAR BAIG, AGED ABOUT 56 YEARS,

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MRS. K. N. VASEEM SULTAN, W/O. FAYAZ BAIG, AGED ABOUT 48 YEARS,

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Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

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BOTH ARE R/AT NO. 749, 3RD BLOCK, KODIGENAHALLI HO, MADHUGIRI TALUK, KODIGENAHALLI, TUMAKURU DISTRICT - 572 127.

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…PETITIONERS

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(BY SRI. SALMANI PRAKASH.,ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY,

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2 - NC: 2023:KHC:44729 WP No. 14323 of 2023 C/W WP No. 25961 of 2022

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GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU - 560 001.

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THE COMPETENT AUTHORITY, FOR-M/S AALA VENTURES LTD., DEPUTY COMMISSIONER (URBAN), BENGALURU, KANDAYA BHAVAN, BENGALURU - 560 009.

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M/S AALA VENTURES LTD., REGISTERED UNDER

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THE COMPANIES ACT, 1955, HAVING ITS OFFICE AT NO.403, 3RD FLOOR, 5TH CROSS, 5TH MAIN, 1ST STAGE, 3RD BLOCK, H.B.R. LAYOUT, KALYAN NAGAR POST, BENGALURU - 560 043,

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REPRESENTED BY ITS CHAIRMAN, MR. NADIM AHMED. REGISTERED UNDER FINANCIAL ESTABLISHMENTS ACT 2004 (KARNATAKA ACT 30 OF 2005)

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MR. NADIM AHMED, S/O LATE NISAR AHMED, AGED ABOUT 41 YEARS, NO.403, 3RD FLOOR, 5TH CROSS, 5TH MAIN, 1ST STAGE, 3RD BLOCK, H.B.R. LAYOUT, KALYAN NAGAR POST, BENGALURU - 560 043.

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…RESPONDENTS

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(BY SMT. NAVYA SHEKHAR, AGA FOR R1; SRI. VEERESH B. BUDIHAL, ADVOCATE FOR R2)

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3 - NC: 2023:KHC:44729 WP No. 14323 of 2023 C/W WP No. 25961 of 2022

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 25/11/2022 PASSED BY THE XCI ADDL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH92) IN MISC NO 27/2022 ATTACHMENT MADE ABSOLUTE IN RESPECT OF PETITIONERS SCHEDULE PROPERTY AT ANNEXURE F AND ETC.,

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IN WP NO. 25961/2022

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BETWEEN:

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MR. SYED MOHAMMED AHMED, S/O. LATE SYED AHMED HASSAN, AGED ABOUT 59 YEARS,

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MRS. TABASSUM FATHIMA, W/O. MR. SYED MOHAMMED AHMED, AGED ABOUT 48 YEARS,

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BOTH ARE RESDIDING AT NO. 5, BENSON RAOD, BENSON TOWN, BENGALURU - 560 046.

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…PETITIONERS

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(BY SRI. PRAKASH SALMANI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU - 560 001.

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4 - NC: 2023:KHC:44729 WP No. 14323 of 2023 C/W WP No. 25961 of 2022

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THE COMPETENT AUTHORITY, FOR-M/S AALA VENTURES LTD., DEPUTY COMMISSIONER (URBAN), BENGALURU, KANDAYA BHAVAN, BENGALURU - 560 009.

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M/S AALA VENTURES LTD., REGISTERED UNDER

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THE COMPANIES ACT, 1955, HAVING ITS OFFICE AT NO.403, 3RD FLOOR, 5TH CROSS, 5TH MAIN, 1ST STAGE, 3RD BLOCK, H.B.R. LAYOUT, KALYAN NAGAR POST, BENGALURU - 560 043, REPRESENTED BY ITS CHAIRMAN, MR. NADIM AHMED. REGISTERED UNDER FINANCIAL ESTABLISHMENTS ACT 2004 (KARNATAKA ACT 30 OF 2005)

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MR. NADIM AHMED, S/O LATE NISAR AHMED, AGED ABOUT 41 YEARS, NO.403, 3RD FLOOR, 5TH CROSS, 5TH MAIN, 1ST STAGE, 3RD BLOCK, H.B.R. LAYOUT, KALYAN NAGAR POST, BENGALURU - 560 043.

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…RESPONDENTS

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(BY SMT. NAVYA SHEKHAR, AGA FOR R1; SRI. VEERESH B. BUDIHAL, ADVOCATE FOR R2)

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5 - NC: 2023:KHC:44729 WP No. 14323 of 2023 C/W WP No. 25961 of 2022

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER AT ANNEXURE-F, INTERIM ORDER OF ATTACHMENT PASSED BY THE GOVERNMENT OF KARNATAKA NOTIFICATION NO.RD-28GRC-2019, BENGALURU DATED 18.11.2019 AND ETC.,

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THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners in these cases are purchasers of a property and are different in different petitions. The respondents are the same.

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Heard Sri. Salmani Prakash, learned counsel appearing for the petitioners and Smt. Navya Shekar, learned AGA appearing for respondent No.1 and Sri. Veeresh B. Budihal, learned counsel appearing for respondent No.2.

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The learned counsel appearing for the petitioners on instructions would submit that they are ready and willing to close the account with respondents No.3 and 4, if only respondent No.2 - Competent Authority would divulge the account statement qua the petitioners in these cases.

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6 - NC: 2023:KHC:44729 WP No. 14323 of 2023 C/W WP No. 25961 of 2022

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Sri. Veeresh B. Budihal, learned counsel appearing for respondent No.2 would submit that no such representation is given to the Competent Authority for any such consideration.

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The learned counsel appearing for the petitioners would submit that the representation would be submitted to respondent No.2 - Competent Authority for disclosure of the account of respondents No.3 and 4 qua the properties of the petitioners.

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In the event, such a representation is made by the petitioners, the Competent Authority shall consider it in accordance with law and consider only the account statement of respondents No.3 and 4 to be divulged qua the properties of the petitioners in these cases.

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If the representation is made as observed

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hereinabove, the same shall merit consideration at the hands of the Competent Authority, within four weeks from the date of submission of such representation.

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With the aforesaid observations, the petition stands disposed.

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NC: 2023:KHC:44729 WP No. 14323 of 2023 C/W WP No. 25961 of 2022

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Interim protection, if any, in any of these cases, shall continue till the consideration of the representations as

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observed hereinabove.

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Ordered accordingly.

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Sd/JUDGE

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JY List No.: 4 Sl No.: 1 CT: BHK

Mr. Fayaz Baig v. the State of Karnataka

Case brief

What is this about?

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Mr. Fayaz Baig v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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