Karnataka High Court
Mr R Shivakumar vs The Regional Director on 24 January, 2018
Author: A.S.Bopanna
Bench: A.S.Bopanna
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24th DAY OF JANUARY, 2018
BEFORE
THE HON'BLE MR. JUSTICE A.S.BOPANNA
WRIT PETITION NO.304/2018 (GM-RES)
BETWEEN:
MR. R SHIVAKUMAR
CHAIRMAN ASSOCHAM KARNATAKA
AGED ABOUT 62 YEARS
S/O LATE RAJANNA
ADDRESS: ASHIRWAD TOWERS,
1ST FLOOR, 75/11, 2ND MAIN ROAD,
VYALIKAVAL, BANGALORE-560 003
... PETITIONER
(BY SRI PADMANABHA MAHALE, SR.COUNSEL FOR
SRI SUNIL KUMAR H, ADV.)
AND:
1. THE REGIONAL DIRECTOR
RESERVE BANK OF INDIA
NRUPATHUNGA ROAD,
BENGALURU-560001
2. THE VICE PRESIDENT
YES BANK LIMITED
7TH CROSS ROAD,
MALLESWARAM
BENGALURU-560003
3. THE PRESIDENT
ASSOCIATED CHAMBERS OF
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COMMERCE AND INDUSTRY
NO.5, SARDAR PATEL MARG,
CHANAKYAPURI
NEW DELHI -110021
4. THE SECRETARY GENERAL
ASSOCIATED CHAMBERS OF
COMMERCE AND INDUSTRY
NO.5, SARDAR PATEL MARG,
CHANAKYAPURI,
NEW DELHI-110021
5. THE SECREATRY
DEPARTMENT OF ENERGY
VIDHANA SOUDHA
BENGALURU-560001
... RESPONDENTS
(BY SRI M S VINAYAKA, ADV. FOR R1
SRI M S SHYAM SUNDAR, ADV. FOR R2 & 3
R4 IS SERVED & UNREPRESENTED
SRI K.P. YOGANNA, HCGP. FOR R1 & 5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R-1 TO CONSIDER THE REPRESENTATION OF
THE PETITIONER DATED 01.01.2008 VIDE ANNEX-L AND
DIRECT THE R-2 TO DE-FREEZE THE ACCOUNT NO.
015694600000727 IN THE NAME OF GREEN ENERGY
SUMMIT, FIXED DEPOSIT ACCOUNT NOS. 015641100003941,
015641100003951, 015641100003961, 015641100003971
SAVINGS BANK ACCOUNT NO. 01690700001209 IN YES
BANK, MALLESWARAM BRANCH, BANGALORE AND ALLOW
THE PETITIONER TO OPERATE THE BANK ACCOUNTS FOR
THE PURPOSE OF DEBIT AND CREDIT FROM THE
FOLLOWING ACCOUNTS AND QUASH THE LETTER DATED
27.12.2017 VIDE ANEX-K ISSUED BY R-2 AS ILLEGAL,
WRONG AND UNSUSTAINABLE IN LAW.
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THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court assailing the action of the respondents No. 1 & 2 - Banks in freezing the account No.015694600000727 in the name of Green Energy Summit, Fixed Deposit Account Nos. 015641100003941, 015641100003951, 015641100003961, 015641100003971 and Savings Bank Account No.01690700001209 and allow the petitioner to operate the Bank Accounts.
2. The case of the petitioner is that they are organizing the Green Energy Summit - 2018 in Tripura Vasini Palace Grounds, Bangalore from 1st to 4th February, 2018. In that regard the petitioner has also approached respondent No.5 and the Karnataka Renewable Energy Development Ltd., (for short 'KREDL'). In view of the recommendation by KREDL, the amount of Rs.1 crore has -4- been approved and sanctioned to the petitioner towards holding the Summit. When this was the position, the respondents No.3 and 4 had raised objections with the respondents No. 1 & 2 - Bank with regard to the operation of the accounts since according to respondents No.3 and 4, respondents No.1 & 2 were misleading that they are conducting the Summit, though the respondents No.3 and 4 were not taken into confidence and in that regard it is contended that the amount being utilized is without the appropriate approvals of respondents No. 3 and 4.
3. In the above circumstance when this Court had taken note of these aspects and issued notice, it was at that stage noticed that respondent No.5 was also a necessary party to the matter and it emerged at that point that the amount of Rs. 1 crore is being sanctioned through KREDL for the said Summit. On the last date of hearing this Court had therefore directed that a meeting be convened to take note of these aspects and respondent -5- No.5 was in that light directed to take note of the rival claims between the petitioner and the respondents No.3 and 4.
4. The learned Government Advocate has filed a memo dated 24.01.2018 enclosing thereto the proceedings of the meeting held on 20.01.2018. It is no doubt true that the representatives of respondents No.3 and 4 were not present in the meeting but the respondent No.5/State has taken note of the developments and in that light has directed that the finance given to the petitioner through KREDL is to be withdrawn.
5. If that be the position, the State funding towards the Summit is presently being withdrawn and the said amount which has been credited to the accounts that has been frozen is to be returned. In view of the decision of respondent No. 5, the amount as deposited to the accounts bearing No. 015694600000727 in the name of Green Energy Summit, Fixed Deposit Account -6- Nos. 015641100003941, 015641100003951, 015641100003961, 015641100003971 and Savings Bank Account No.01690700001209 is to be returned by the petitioner to the State. The petitioner shall therefore issue necessary instructions to respondents No.1 & 2 - Bank to credit the amount through RTGS to the account of the State/KREDL to be furnished to the Bank towards repayment of the said amount. On the amount being transferred in such manner, the respondents No.1 & 2 - Bank shall de-freeze the accounts and permit the petitioner to operate the same subject to there being no other orders issued by any other Court in that regard.
Insofar as the private dispute between the petitioner and the respondents No. 3 and 4, it is open for them to seek appropriate remedies in accordance with law and in that regard if any directions are issued therein, the same shall be brought to the notice of the respondents No.1 & 2
- Bank.
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Further as pointed out by the learned counsel for the Banks Indemnity Bonds may also be secured from the petitioner to permit them to operate the accounts.
In terms of the above, petition is disposed of.
Sd/-
JUDGE SPS/bms