IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 22ND DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE S. G. PANDIT WRIT APPEAL NO. 3258 OF 2018 (GM-RES) BETWEEN:
M/S. SANCHAYA LAND AND ESTATES PVT. LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT,HAVING ITS OFFICE AT NO.479,HMT LAYOUT, RT NAGAR,NEAR BUS DEPOT BENGALURU - 560 032 REPRESENTED BY ITS AUTHORISED SIGNATORY MR. DASTAGIR SHARIFF SON OF NOORULLA SHARIFF AGED ABOUT 37 YEARS.
(BY SRI.S.MANJUNATH, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY ... APPELLANT HOME DEPARTMENT BENGALURU - 560 001.
2. THE DIRECTOR GENERAL OF POLICE AND DIRECTOR GENERAL, KARNATAKA STATE FIRE EMERGENCY SERVICES NO.1, ANNASWAMY MUDALIAR ROAD HERMIT COLONY,ULSOOR BENGALURU - 560 042.
... RESPONDENTS (BY SRI. S.S. MAHENDRA,ADDITIONAL GOVERNMENT ADVOCATE) THIS APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO a)SET ASIDE/MODIFY THE ORDER DATED 14/11/2018 PASSED BY THE HON'BLE SINGLE JUDGE IN WRIT PETITION NO.16507 OF 2018 IN SO FAR AS DIRECTING THE APPELLANT TO FURNISH 50% BANK GUARANTEE.
b)DIRECT THE RESPONDENT NO.2 TO ISSUE THE NO OBJECTION CERTIFICATE TO THE APPELLANT COMPANY.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Learned Government Advocate takes notice for Respondents No.1 and 2.
2. Aggrieved by the interim order dated 14.11.2018 passed by the learned Single Judge in W.P.No.16507 of 2018 in directing the writ petitioner to deposit 50% of the amount demanded and to offer 50% of Bank Guarantee, the writ petitioner has filed this appeal.
3. Learned counsel appearing for the appellant contends that the order of the learned Single Judge would imply deposit of 100% of the amount demanded. Since the same is being questioned, payment of 100% of the amount would be inappropriate. The same is disputed by the learned Government Advocate.
4. On hearing learned counsels, we are of the view that the appropriate relief is called for. Demanding to pay a sum of Rs.44,86,900/- is the subject matter before the learned Single Judge. It is submitted that a sum of Rs.17,00,000/- has already been paid. Under these circumstances, we are of the view that deposit of 50% of the amount demanded would be just and appropriate. That the order directing the writ petitioner to furnish Bank Guarantee for the balance 50% would be too harsh on the appellant. Consequently the order of the learned Single Judge is modified, by directing the appellant to deposit 50% of the total amount of Rs.44,86,900/-.
5. The amount already paid by the appellant shall be adjusted towards this 50% of the balance amount to be paid by the appellant. Hence, the order of the learned Single Judge directing the appellant to furnish Bank Guarantee for the balance 50% amount is set aside. Accordingly, the appeal is disposed off.
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JUDGE JUDGE mpk/-* CT:SR