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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE MS. JUSTICE TARA VITASTA GANJU

WRIT PETITION NO. 6016 OF 2020 (GM-CPC)

BETWEEN:

M/S. GKB HI-TECH LENSES PRIVATE LIMITED.,

A COMPANY REGISTERED UNDER THE

COMPANIES ACT AND HAVING ITS OFFICE AT,

PLOT NO.17A, TIVIM INDUSTRIAL,

ESTATE PEDDAM, KARASWADA,

MEPUSA GOA-403 507.

REPRESENTED BY AUTHORISED

REPRESENTATIVE MR. AROKIA NAVEEN.

…PETITIONER

(BY SMT. ANNAPOORNA.S., ADVOCATE)

AND:

M/S. SUNIL MEHTA

MARKETING PRIVATE LIMITED,

A COMPANY INCORPORATED UNDER THE

COMPANIES ACT REPRESENTED BY ITS

DIRECTOR SRI. SUNIL MEHTA,

SON OF GAUTHAM RAJ MEHTA,

AGED ABOUT 45 YEARS,

R/AT NO.81A, YESHWANTHAPURA

INDUSTRIAL AREA, 2^ND STAGE,

BENGALURU-560 022.

…RESPONDENT

(BY SRI. MAINA VERMA., ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227

OF THE CONSTITUTION OF INDIA, PRAYING TO SET

ASIDE THE ORDER DATED 10.03.2020 PASSED BY THE

HON’BLE LVI ADDL. CITY CIVIL AND SESSIONS JUDGE,

BENGALURU IN E.P.NO.3567 OF 2019 VIDE ANNX-A. CALL

FOR RECORDS IN EXECUTION PETITION NO.3567 OF 2019

BEFORE THE LVI ADDL. CITY CIVIL AND SESSIONS

JUDGE, BENGALURU, ETC.

THIS WRIT PETITION, COMING ON FOR

PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER

WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU

ORAL ORDER

1. The Present petition seeks to challenge an order

dated 10.03.2020 passed in Execution No.3567/2019 in

O.S.No.5418/2016 by the learned Principal City Civil and

Sessions Judge, Bengaluru (hereinafter referred to as the

“Impugned Order”). By the Impugned Order, an arrest

warrant has been issued against the Director of the

Judgment Debtor Company through the special Bailiff.

2. This Court, by its order dated 16.03.2020, had

stayed the execution proceedings, subject to deposit of

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₹10.00 lakhs before the Executing Court and the interim

order has continued as is since then.

3. None appears for the respondent/Decree Holder,

despite service. Given the pendency of this matter for the

last several years, this Court deems it apposite to hear

and decide the matter today.

4. The learned counsel for the petitioner/Judgment

Debtor Company has raised three objections:

(i) Firstly, she submits that the application that was filed

by the respondent/Decree Holder was not in accordance

with the law. She submits that the power of the Court to

order for arrest and detention arises from Order XXI Rules

37 to 40 of the Code of Civil Procedure, 1908, [hereinafter

referred to as “CPC”] and that this procedure has not been

followed by the learned Trial Court.

(ii) Secondly, it is contended that the learned Trial Court,

has, in a mechanical fashion, directed summons to be

issued against one of the Directors of the petitioner/

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Judgment Debtor Company, in a manner, as if the Director

of the Judgment Debtor Company was the Judgment

Debtor himself. She submits that it is settled law that the

Company is a separate legal entity.

(iii) Lastly, it is contended that while the decree has been

passed and the execution proceedings have been filed

against “M/s. GKB Hi Tech Private Ltd.” The application

states the name of another Company, “M/s.G.K.B Hi-Tech

Lenses Pvt. Ltd”. Reliance is placed on the application

which is produced at Annexure ‘D’ to the paper book.

4.1. On a query put by the Court, the learned counsel for

the petitioner/Judgment Debtor Company contends that

there is no entity by name “M/s.GKB Hi Tech Private Ltd.”

She further submits that the contract inter-se the parties

being a lease deed, was executed in the name of “M/s.

GKB Hi Tech Lenses Private Ltd.”

5. In addition, the learned counsel for the petitioner/

Judgment Debtor Company fairly submits that the

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execution proceedings have also been closed in the

meantime, with liberty granted to the respondent/decree

holder

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