IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.4118 OF 2012 C/W CRIMINAL PETITION NO.4119 OF 2012 CRIMINAL PETITION NO.4120 OF 2012 CRIMINAL PETITION NO.4121 OF 2012 CRIMINAL PETITION NO.4122 OF 2012 CRIMINAL PETITION NO.4123 OF 2012 CRIMINAL PETITION NO.3866 OF 2012 CRIMINAL PETITION NO.3867 OF 2012 BETWEEN:
1. SMT UPASANA MITTAL W/O AMIT MITTAL, AGED ABOUT 38 YEARS, NO. 304, ORCHID BLOCK, FANTASY GARDEN, KASTURI NAGAR, BANGALORE.
2. MR. M LOKRAJ S/O MANIKYA, AGED ABOUT 63 YEARS, NO. 20/118, E BLOCK, BDA MIG FLATS, DOMLUR 2ND STAGE, BANGALORE - 560071 3. RADHIKA ACHUTHAN W/O K.V. ACHUTAN, AGED ABOUT 48 YEARS, 377 B, JALASREE AMARJYOTI LAYOUT, DOMLUR, BANGALORE - 71 4. MRS. HEMA LOKRAJ W/O M LOKRAJ, AGED ABOUT 50 YEARS, NO. 20/118, E BLOCK, BDA MIG FLATS, DOMLUR 2ND STAGE, BANGALORE - 560071 5. MRS. SHASHIKALA VENUGOPAL W/O SRI T.J. VENUGOPAL, AGED ABOUT 68 YEARS, NO. 22/131, F BLOCK, BDA MIG FLATS, DOMLUR 2ND STAGE, BANGALORE - 560071 6. MR. SUMAN BHAWARALA PIRGAL S/O B.D. PIRGAL, AGED ABOUT 44 YEARS, NO. 39, 3RD CROSS, GOVINDAPPA ROAD, BASAVANAGUDI, BANGALORE - 560004 ... PETITIONERS (COMMON) (BY SRI: DHYAN CHINNAPPA, SENIOR COUNSEL A/W SRI: VIPIN KUMAR JAIN & SRI: C N RAJU, ADVOCATES) IN CRIMINAL PETITION NO.4118 OF 2012 AND SRI. DHANWANTHRI STEELS NO. 42, B OOSMAN KHAN ROAD, N.R. ROAD, 2ND CROSS, BANGALORE - 560002, REPTD. BY VIJAY PRAKASH GUPTA (BY SRI: D P GUPTA, ADVOCATE & SRI: M.C.RAVI KUMAR, ADVOCATE ) ... RESPONDENT THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 22.12.2011 PASSED IN C.C.NO.24453/2011 PENDING ON THE FILE OF THE XV ADDL. C.M.M., BANGALORE CITY AGAINST THEM.
IN CRIMINAL PETITION NO.4119 OF 2012 AND M/S MADHU STEELS CORPORATION NO. 5 & 6, MILLIA BUILDING, N.R. ROAD, 2ND CROSS, BANGALORE - 560002, REPTD. BY ITS MANAGER OF HUF BUSINESS & POA OF THE KARTA OF HUF SRI. VIJAY PRAKASH GUPTA ... RESPONDENT (BY SRI: D P GUPTA, ADVOCATE & SRI: M.C.RAVI KUMAR, ADVOCATE ) THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 22.12.2011 PASSED IN C.C.NO.24451/2011 PENDING ON THE FILE OF THE XV ADDL. C.M.M., BANGALORE CITY AGAINST THEM.
IN CRIMINAL PETITION NO.4120 OF 2012 AND M/S MADHU STEELS CORPORATION NO. 5 & 6, MILLIA BUILDING, N.R. ROAD, 2ND CROSS, BANGALORE - 560002, REPTD. BY ITS MANAGER OF HUF BUSINESS & POA OF THE KARTA OF HUF SRI. VIJAY PRAKASH GUPTA ... RESPONDENT (BY SRI: D P GUPTA, ADVOCATE & SRI: M.C.RAVI KUMAR, ADVOCATE ) THIS CRIMINAL PETITON IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 22.12.2011 PASSED IN C.C.NO.22967/2011 PENDING ON THE FILE OF THE XV ADDL. C.M.M., BANGALORE CITY AGAINST THEM.
IN CRIMINAL PETITION NO.4121 OF 2012 AND M/S MADHU STEELS CORPORATION NO. 5 & 6, MILLIA BUILDING, N.R. ROAD, 2ND CROSS, BANGALORE - 560002, REPTD. BY ITS MANAGER OF HUF BUSINESS & POA OF THE KARTA OF HUF SRI. VIJAY PRAKASH GUPTA (BY SRI: D P GUPTA, ADVOCATE & SRI: M.C.RAVI KUMAR, ADVOCATE ) ... RESPONDENT THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 22.12.2011 PASSED IN C.C.NO.22969/2011 PENDING ON THE FILE OF THE XV ADDL. C.M.M., BANGALORE CITY AGAINST THEM.
IN CRIMINAL PETITION NO.4122 OF 2012 AND M/S MADHU STEELS CORPORATION NO. 5 & 6, MILLIA BUILDING, N.R. ROAD, 2ND CROSS, BANGALORE - 560002, REPTD. BY ITS MANAGER OF HUF BUSINESS & POA OF THE KARTA OF HUF SRI. VIJAY PRAKASH GUPTA (BY SRI: D P GUPTA, ADVOCATE & SRI: M.C.RAVI KUMAR, ADVOCATE ) ... RESPONDENT THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 22.12.2011 PASSED IN C.C.NO.23695/2011 PENDING ON THE FILE OF THE XV ADDL. C.M.M., BANGALORE CITY AGAINST THEM.
IN CRIMINAL PETITION NO.4123 OF 2012 AND M/S MADHU STEELS CORPORATION NO. 5 & 6, MILLIA BUILDING, N.R. ROAD, 2ND CROSS, BANGALORE - 560002, REPTD. BY ITS MANAGER OF HUF BUSINESS & POA OF THE KARTA OF HUF SRI. VIJAY PRAKASH GUPTA (BY SRI: D P GUPTA, ADVOCATE & SRI: M.C.RAVI KUMAR, ADVOCATE ) ... RESPONDENT THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 22.12.2011 PASSED IN C.C.NO.20062/2011 PENDING ON THE FILE OF THE XV ADDL. C.M.M., BANGALORE CITY AGAINST THEM.
IN CRIMINAL PETITION NO.3866 OF 2012 AND M/S MADHU STEELS CORPORATION NO. 5 & 6, MILLIA BUILDING, N.R. ROAD, 2ND CROSS, BANGALORE - 560002, REPTD. BY ITS MANAGER OF HUF BUSINESS & POA OF THE KARTA OF HUF SRI. VIJAY PRAKASH GUPTA ... RESPONDENT (BY SRI: D P GUPTA, ADVOCATE & SRI: M.C.RAVI KUMAR, ADVOCATE ) THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 22.12.2011 PASSED IN C.C.NO.25923/2011 ON THE FILE OF THE XV A.C.M.M., BANGALORE CITY.
IN CRIMINAL PETITION NO.3867 OF 2012 AND SRIRAM KANDOI S/O LATE LAL CHAND KANDOI AGED ABOUT 61 YEARS RICHMOND PLAZA RICHMOND CIRCLE BANGALORE-560002 ... RESPONDENT (BY SRI: M C RAVIKUMAR, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 22.12.2011 PASSED IN C.C.NO.905/2011 ON THE FILE OF THE XV A.C.M.M., BANGALORE CITY.
THESE CRIMINAL PETITIONS COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned counsel for the petitioners files a memo.
Memo reads as under:
“The petitioner submits as follows:
01. In light of the judgment of the Hon’ble Supreme Court of India in Bharvagi Constructions and Ors.
V. Kothakapu Muthyam Reddy & Ors., (2018) 13 SCC 480, para 24, a Lok Adalath award can only be challenged by way of a writ petition under Article 226 and 227 of the Constitution of India.
02. Therefore, the Petitioners are withdrawing the present criminal petitions, with liberty to file the necessary writ petitions to challenge the Lok Adalath orders impugned in the Criminal Petitions.
03. Additionally, pursuant to an order of this Hon’ble Court in the criminal petitions, the Petitioners had deposited an amount of Rs.10,00,000/- (Rupees Ten Lakh Only) in the name of Registrar General, High Court of Karnataka vide DD dated 09.07.2015. In light of the present criminal petitions being withdrawn, the Petitioners pray that this Hon’ble Court may be pleased to direct the return of the above- mentioned amount to the Petitioners, in the interests of justice.”
2. The learned counsel appearing for the respondents has raised objection to return the amount. He submits that in terms of the order dated 22.04.2015, petitioners were required to deposit the entire cheque amount or to face contempt action. Hence, part of the amount deposited in the Court may not be released to the petitioners since the petitioners have sought to withdraw the petitions pursuant to the observations of the Hon’ble Supreme Court in (2018) 13 SCC 480 for the purpose of filing a writ petition for the same relief.
3. As the petitioners intend to prefer Writ petitions, it is necessary to retain the amount deposited by the petitioners in Court until petitioners file writ petitions or till the expiry of 30 days from today. In such event, the petitioners shall take orders from the writ court in respect of the deposits made pursuant to the order dated 22.04.2015. In the event no writ petition is filed, the petitioners shall move this Court for necessary orders for release of the said amount. Subject to the above order, the memo is accepted.
In terms of the said memo, petitions are dismissed as withdrawn.
Sd/- JUDGE SV