IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRAURY, 2019 PRESENT THE HON’BLE MR. L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR BETWEEN WRIT APPEAL NO.2975 OF 2018 (GM-RES) & WRIT APPEAL NO.300 OF 2019 M/S AKARSHAK INFRASTRUCTURE PVT. LTD., NO.10, VITTAL MALLYA ROAD, BENGALURU - 560 001. REPRESENTED BY ITS DIRECTOR, SRI. B. M. JAYESHANKAR.
... APPELLANT (BY SRI. SAMMITH.S, ADV.,) AND 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS DEPUTY SECRETARY, DEPARTMENT OF INTERNAL ADMINISTRATION [POLICE SERVICES AND CO-ORDINATION], VIDHANA SOUDHA, BENGALURU - 560 001.
2. THE DIRECTOR GENERAL OF POLICE AND DIRECTOR GENERAL, FIRE FIGHTING AND EMERGENCY SERVICES DEPARTMENT, NO.1, ANNASWAMY MODALIYAR ROAD, BENGALURU - 560 042.
... RESPONDENTS (BY SRI.S.S.MAHENDRA, AGA) *** THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 07.08.2018 PASSED IN W.P.NOS.31275-31276/2018 TO THE EXTENT OF THE DIRECTION TO PAY 50% OF THE DEMANDED AMOUNT AND FURNISHING BANK GUARANTEE FOR THE REMAINING 50% OF THE AMOUNT.
JUSTICE, DELIVERED THE FOLLOWING:
JUDGMENT The appellant, in these proceedings is challenging interim order dated 07.08.2018 passed in W.Ps. No. 31275-31276 whereby the Hon’ble Single Judge has directed the appellant to deposit 50% of the amount demanded under the impugned notice and to furnish Bank Guarantee in respect of remaining 50% of the amount within an outer limit of twelve weeks.
2. Mr. Sammith, the learned counsel for appellant submits that appellant has partly complied with the said order by depositing 50% of the demand. He prays that direction to furnish Bank Guarantee may be set-aside as it is too harsh.
3. Mr. S.S. Mahendra, learned AGA for respondents supports the impugned order.
4. We have heard the learned counsel on both sides.
5. Admittedly, these appeals are presented against an interim order. Appellant has complied with a portion of the order. In the circumstances, in our view, it would be appropriate for the appellant to seek modification of the impugned order in the hands of the Hon’ble Single Judge.
6. Accordingly, these appeals are disposed of with liberty to the appellant to seek modification of the impugned order before the Hon’ble Single Judge.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE VK