Kanva Fashions Limited (in Liquidation) Vs State… — Writ and Judicial Review | Karnataka HC (2025)

Kanva Fashions Limited (in Liquidation) Vs State… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Liberty reserved to the petitioner to file an appropriate appeal before this Court against the order dated 03.08.2022 in Misc.No.737/2022; no order made on I.A.1/2025 seeking dispensation of copies of Annexures-J and L; prayer to quash the interim attachment notification dated 05.08.2020 not adjudicated on merits.

Issue for consideration

Whether the writ petition under Articles 226/227 of the Constitution, challenging the order dated 03.08.2022 in Misc.No.737/2022 of the XCI Addl. City Civil & Sessions Judge/Special Judge (KPIDFE Cases) and seeking quashing of the interim attachment notification dated 05.08.2020, is maintainable when Section 16 of the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004 provides for an appeal to this Court.

Court's answer

Having taken note of the submissions of counsel, the Court held that Section 16 of the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004 provides for an appeal to this Court, and consequently the present writ petition is not maintainable.

Ratio / Principle

The writ petition is disposed of reserving liberty to the petitioner to file an appropriate appeal before this Court.

Key takeaways

No order is required on I.A.1/2025 seeking dispensation of copies of Annexures-J and L to the writ petition.ratio¶¶33

Detailed headnote1 paragraphs

Writ Petition No.28088 of 2025 (GM-RES) under Articles 226 and 227 of the Constitution of India by Kanva Fashions Limited (in liquidation), represented by its liquidator, assailing the order dated 03.08.2022 in Misc.No.737/2022 (Annexure-K) passed by the XCI Addl. City Civil & Sessions Judge and Special Judge for KPIDFE Cases, and praying to quash the interim order of attachment passed by Respondent No.1 vide Notification bearing No.RD. 10.GRC.2020 dated 05.08.2020 (Annexure-J). Held: Section 16 of the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004 provides for an appeal to this Court; hence the writ petition is not maintainable. Petition disposed of reserving liberty to file appropriate appeal; no order on I.A.1/2025 seeking dispensation of copies of Annexures-J and L. (Justice E.S. Indiresh, 05.12.2025.)

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NC: 2025:KHC:51409 WP No. 28088 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.28088 OF 2025 (GM-RES)

BETWEEN:

KANVA FASHIONS LIMITED (IN LIQUIDATION) REPRESENTED BY ITS LIQUIDATOR MR. M V SUDARSHAN REG NO. IBBI/IPA-002/P-N00561/2017-2018/11707 HAVING HIS OFFICE AT NO. 984/13, 8^TH MAIN, GIRINAGAR II PHASE, BENGALURU - 560085.

…PETITIONER

(BY SRI. HEMANTH R. RAO, ADVOCATE)

AND:

Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA

STATE OF KARNATAKA REPRESENTED BY ITS DEPARTMENT OF REVENUE, REPRESENTED BY ITS PRINCIPAL SECRETARY VIDHANA SOUDHA BENGALURU - 560001.

THE COMPETENT AUTHORITY FOR SRI KANVA SOUHARDA CREDIT CO-OPERATIVE LIMITED AND KANVA GROUP OF COMPANIES BENGALURU - 560 010.

2 - NC: 2025:KHC:51409 WP No. 28088 of 2025

HC-KAR

MR. VITUKUDI NANDAKUMAR ANIRUDH RESIDING AT NO.171 H CROSS, IDEAL HOMES 2^ND STAGE, OPP. LAXMI SUPER MARKET, RAJARAJESHWARI NAGAR BENGALURU - 560098 [email protected].

HUSKUR GRAM PANCHAYAT HAVING OFFICE AT DASANAPURA HOBLI BENGALURU NORTH - 560009.

…RESPONDENTS

(BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SRI. VEERESH BUDIHAL, ADVOCATE FOR R2; SRI. M.S. DEVARAJU, ADVOCATE FOR R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE INTERIM ORDER OF ATTACHMENT PASSED BY THE RESPONDENT NO.1 VIDE NOTIFICATION BEARING NO.RD. 10.GRC.2020 BENGALURU DATED 05.08.2020 PRODUCED AT ANNEXURE-J; AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

Heard learned counsel appearing for the parties.

3 - NC: 2025:KHC:51409 WP No. 28088 of 2025

HC-KAR

In this writ petition, petitioner is assailing the order dated 03.08.2022 in Misc.No.737/2022 (Annexure-K), passed by the XCI Addl. City Civil & Sessions Judge and Special Judge for KPIDFE Cases.

In this regard, having taken note of the submissions made by the learned counsel appearing for the parties, Section 16 of the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004, provides for an appeal to this Court. In that view of the matter, this writ petition is not maintainable.

4 Accordingly, the writ petition is disposed of reserving liberty to the petitioner to file appropriate appeal before this Court.

Consequently, no order is required to be made on I.A.1/2025 seeking dispensation of copies of Annexures-J and L to the writ petition.

SD/(E.S.INDIRESH) JUDGE

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