Karnataka High Court Weekly Round-Up: June 17
Citation No: 2025 LiveLaw (Kar) 205 to 2025 LiveLaw (Kar) 210
Nominal Index:
M/S. IMAGEX TECHNOLOGIES INDIA PVT. LTD & ANR AND M/S. GRAINTEC INDUSTRIES & ANR. 2025 LiveLaw (Kar) 205
Ms Suja Jones Mazurier AND State of Karnataka & ANR. 2025 LiveLaw (Kar) 206
Surya Sareen AND Central Bureau of Investigation. 2025 LiveLaw (Kar) 207
Jayaram B S AND NIL. 2025 LiveLaw (Kar) 208
Bhagwan Das & Others AND The Deputy Commissioner & Others. 2025 LiveLaw (Kar) 209
GreenPeace Environment Trust AND Union of India & Others. 2025 LiveLaw (Kar) 210
Judgments/Orders
Case Title: M/S. IMAGEX TECHNOLOGIES INDIA PVT. LTD & ANR AND M/S. GRAINTEC INDUSTRIES & ANR
Case No: WRIT PETITION NO. 34745 OF 2024 .
Citation No: 2025 LiveLaw (Kar) 205
The Karnataka High Court has said that in commercial disputes, the filing of written statements under Order VIII Rule 1 of the Code of Civil Procedure cannot be permitted beyond the limitation period of 120 days.
The court also rejected the argument of the petitioner that if the defendants had filed an application seeking extension of time before the expiry of 120 days, it should have been answered and accepted. The court said, “The said submission, to say the least, is preposterous.”
The court further substantiated its point with an illustration, “As an illustration, if the defendant who has not filed the written statement in a commercial O.S., files an application on the 119th day and seeks time, no Court including this Court cannot extend the mandate of the statute qua the limitation in filing the written statement.”
Case Title: Ms Suja Jones Mazurier AND State of Karnataka & ANR
Case No: CRIMINAL APPEAL NO.1050 OF 2017.
Citation No: 2025 LiveLaw (Kar) 206
The Karnataka High Court has upheld the order of the trial court acquitting a father accused of sexually assaulting his minor daughter. The complaint was made by the wife of the accused.
A division bench of Justice Sreenivas Harish Kumar and Justice K S Hemalekha while dismissing the appeal filed by Suja Jones Mazurier who was the complainant in the case said “The fact that PW.4 met various NGOs, doctors and legal professionals before the alleged triggering incident on 13.06.2012 raises a serious question about the credibility of the report she filed on 14.06.2012. This timing suggests that she has been preparing to initiate legal action or build a case regardless of any specific incident on that day “
Case Title: Surya Sareen AND Central Bureau of Investigation
Case No: CRIMINAL PETITION No.5297 OF 2023
Citation No: 2025 LiveLaw (Kar) 207
The Karnataka High Court has refused to quash criminal proceedings initiated against 76-year-old Surya Sareen, President and Chief Executive Officer of M/s AKON Inc, a company incorporated in the United States of America, which is accused of cheating Defence Avionics Research Establishment (‘DARE’) and Defence Research and Development Organization (‘DRDO’) by supplying faulty VO based radio frequency engines.
Justice M Nagaprasanna said, “The case at hand is a classic illustration of prima facie offence of Sections 420 and 120B of the IPC against the petitioner and the entire issue revolves round a maze of facts, certain disputed and certain matters on record. Therefore, interference at this stage of the proceedings would run foul of the judgment of the Apex Court.”
Plea Filed By Sole Legatee Seeking Probate Of Will Of Deceased Is Maintainable: Karnataka High Court
Case Title: Jayaram B S AND NIL
Case No: MISCELLANEOUS FIRST APPEAL NO. 8090 OF 2024
Citation No: 2025 LiveLaw (Kar) 208
The Karnataka High Court has said that a petition filed by the sole legatee seeking probate of the will of the deceased is maintainable before the court.
A division bench of Justice Anu Sivaraman and Justice K. Manmadha Rao held thus while allowing an appeal filed by Jayaram B S, who had challenged the order of the trial court rejecting his probate application.
The probate court had rejected a plea made by the sole legatee named in the will of his father, BT Sanjeevaiah on the grounds that the appellant was a legatee in the bid and not an executor appointed under the Will, the Probate Court has declined to grant probate.
Case Title: Bhagwan Das & Others AND The Deputy Commissioner & Others
Case No: WRIT PETITION NO. 4478 OF 2022
Citation No: 2025 LiveLaw (Kar) 209
The Karnataka High Court has come to the aid of 16 contract workers employed in the water supply department of Mangalore Mahanagara Palike, and it has directed the corporation to regularise their services.
Justice S Sunil Dutt Yadav allowed the petition filed by Bhagwan Das and others and said “The order of regularization is to be passed within 60 days from the date of receipt of copy of this order.”
The petitioner had approached the court seeking to set aside the order of the Deputy Commissioner dated 12.12.2019, whereby the petitioner’s service is not regularised.
Karnataka High Court Quashes ED Complaint Against Greenpeace NGO For Alleged FEMA Violations
Case Title: GreenPeace Environment Trust AND Union of India & Others
Case No: WRIT PETITION NO. 5691 OF 2021 (GM-FE) C/W WRIT PETITION NO. 4711 OF 2021
Citation No: 2025 LiveLaw (Kar) 210
The Karnataka High Court has quashed the complaint and show cause notice issued by the Enforcement Directorate to NGO Greenpeace Environment Trust, Greenpeace India Society, in an alleged case of violation of provisions of the Foreign Exchange Management Act.
A single judge, Justice Suraj Govindaraj said “The show cause notice dated 25.02.2020 issued by respondent No.2 at Annexure-A in both the petitions are quashed. The complaint dated 25.02.2019 filed by respondent No.3 at Annexure-B in both the petitions are quashed.”
