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IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 15^th DAY OF MARCH 2018

BEFORE

THE HON'BLE Dr.JUSTICE VINEET KOTHARI

WRIT PETITION Nos.9904-9905/2016 (GM-RES)

BETWEEN:

1.

JOINT ACTION COMMITTEE

(ALL INDIA AGRI-GOLD CUSTOMERS AND

AGENTS WELFARE ASSOCIATION) (R)

AND OTHER NGOS IN KARNATAKA

C/O RAVIDARSHINI, PILIKULA ROAD

NEAR BONDEL CHURCH, PACHANADY

BONDEL, MANAGLORE-D.K. DISTRICT

REPRESENTED BY SRI. B. S. CHANDRU

CHIEF CO-ORDINATOR.

2.

SRI. SHANMUKHAPPA GUDISAL

S/O HANUMANTHAPPA GUDISAL

AGED ABOUT 35 YEARS

R/O NEAR RANGAPPAJJANA MATH

BETAGERI, GADAG, GADAG DISTRICT.

... PETITIONERS

(By Mr. GOVINDARAJ K, ADV.,)

AND:

1.

UNION OF INDIA

REPRESENTED BY IT’S SECRETARY

MINISTRY OF FINANCE

NORTH BLOCK, NEW DELHI-110001.

2.

UNION OF INDIA

REPRESENTED BY IT’S SECRETARY

MINISTRY OF HOME AFFAIRS

SHASTRI BHAVAN, NEW DELHI-110001.

Date of Order 15-03-2018 W.P.Nos.9904-9905/2016

Joint Action Committee & Anr. Vs. Union of India & Ors.

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3.

THE CHAIRMAN

SECURITY EXCHANGE BOARD OF INDIA

SEBI BHAVAN, BANDRA-KURLA COMPLEX

BANDRA EAST, MUMBAI-400051.

4.

THE DIRECTOR

ENFORCEMENT DIRECTORATE

LOKANAYAKA BHAVAN, KHAN MARKET

NEW DELHI-110003.

5.

STATE OF KARNATAKA

REPRESENTED BY ITS CHIEF SECRETARY

TO GOVERNMENT OF KARNATAKA

VIDHANA SOUDHA, Dr. B. R. AMBEDKAR ROAD

BANGALORE-560001.

6.

THE SECRETARY

DEPARTMENT OF HOME

GOVERNMENT OF KARNATAKA

VIDHANA SOUDHA, BANGALORE-560001.

7.

M/S AGRIGOLD FARM ESTATE INDIA PVT. LTD.

AGRIGOLD TOWER, FLAT NO.6

No.40-6-3, OLD REVENUE COLONY

NIMMAGADDA SOMA SHANKARA RAO STREET

LABBIPET, VIJAYAWADA - 520010

ANDHRA PRADESH

REPRESENTED BY ITS CHAIRMAN

AND MANAGING DIRECTOR.

... RESPONDENTS

(By Mr. RAKSHITH JOIS Y.P. ADV., FOR

Mr. H.R. SHOWRI, ADV., FOR R1 & R2

Mr. ARVIND MOORCHUNG, ADV., FOR

Mr. T. SURYANARAYANA, ADV., FOR R3

Mr. K.P. YOGANNA, HCGP FOR R5 & R6

R4 SERVED & UNREPRESENTED)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226

OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1

TO 6 TO TAKE APPROPRIATE ACTION AGAINST THE R-7 SO AS

TO RECOVER MONEY AND TO SETTLE THE CLAIMS OF

DEPOSITORS AS WELL AS AGENTS OF THE R-7 & ETC.

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Joint Action Committee & Anr. Vs. Union of India & Ors.

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THESE WRIT PETITIONS COMING ON FOR ORDERS THIS

DAY, THE COURT MADE THE FOLLOWING:-

ORDER

Mr. Govindaraj, Adv. for Petitioners

Mr. Rakshith Jois Y.P. Adv. for

Mr. H.R. Showri, Adv., for R1 & R2

Mr. Arvind Moorchung, Adv. for

Mr. T. Suryanarayana, Adv. for R3

Mr. K.P. Yoganna, HCGP for R5 & R6

1. The Petitioner No.1-Joint Action Committee

represented by Mr.B.S.Chandru, Chief Co-ordinator and

Petitioner No.2-Mr.Shanmukhappa Gudisal have filed

these writ petitions in this Court on 19.02.2016 with a

prayer that Respondents 1 to 6 representing the Union

of India, Security Exchange Board of India, Enforcement

Directorate and State of Karnataka, should take action

against the 7^th Respondent-M/s.Agrigold Farm Estate

India

Pvt. Ltd., having

its registered office in

Vijayawada, Andhra Pradesh, for allegedly committing

frauds and duping the investors and depositors in the

said company, whose cause is sought to be represented

by the present petitioners before this Court.

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2. The case has come up today for allowing the

petitioners to effect service on the 7^th Respondent-

company through the publication in Newspaper ‘The

Times of India’, Vijayawada Edition. It is said to have

been carried out by the petitioners, but no one has put

in appearance on behalf of Respondent No.7-company.

3. With the present writ petitions, the learned

counsel for the petitioners Mr.K.Govindaraj has also

produced some orders passed by the Responde