M/S Cultural House vs. State Of Karnataka - Karnataka High Court, 11 December 2025

Cause title — parties, addresses and appearances

- 1 - HC-KAR NC: 2025:KHC:52926 WP No. 28635 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 28635 OF 2023 (GM-RES) BETWEEN: 1. M/S CULTURAL HOUSE PROPREITORSHIP CONCERN NO.99, NO.93/3, MALLATHAHALLI NEXT TO NARAYANA E TECHNO SCHOOL NAGARABHAVI BENGALURU - 560 056 REGISTERED UNDER GST REG 2006 REP BY ITS GENERAL MANAGER SMT PAVITHRA …PETITIONER (BY SRI. M.T. NANAIAH, SENIOR COUNSEL ALONG WITH SRI. TUMBIGI PRABHUGOUDA BASAVANTARAYAGOUDA, ADVOCATE) AND: 1. STATE OF KARNATAKA SOCIAL WELFARE DEPARTMENT VIKASA SOUDHA BENGALURU - 560 001 REP BY ITS PRINCIPAL SECRETARY 2. DR BABU JAGJIVAN RAM LEATHER INDUSTRIES DEVELOPMENT CORPORATION PVT Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52926 WP No. 28635 of 2023 GOVERNMENT OF KARNATAKA ENTERPRISES NO.32, MILLERS TANK BUND ROAD VASANTH NAGAR, BENGALURU - 560 052 REP BY ITS MANAGING DIRECTOR, SMT. K.M. VASUNDARA …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1 (MA NOT FILED) SRI. GOPAL, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE ORDER DTD 16.10.23 PASSED BY THE R2 AS BAD IN LAW PRODUCED VIDE ANNEXURE-U AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

Heard the learned counsel appearing for the parties.

In this writ petition, petitioner is assailing the Order dated 16.10.2023 (Annexure-U) inter alia sought for direction to the respondent-Leather Industries Development Corporation Ltd., (for short 'Corporation') to HC-KAR NC: 2025:KHC:52926 release amount of ₹ 5,78,695/- with interest and further to consider the representations dated 04.08.2023, 14.09.2023 and 07.10.2023 produced at Annexure-D, Q & R and such other reliefs.

Having taken note of the submission made by learned Senior Counsel Sri M.T.Nanaiah along with Sri Tumbigi Prabhugouda Basavantarayagouda appearing on behalf of the petitioner, Sri Mahantesh Shettar, learned Additional Government Advocate for respondent No.1 and Sri Gopal, learned counsel appearing for the respondent No.2, wherein, it is the grievance of the petitioner that the respondent-Corporation has not released the amount due to them even after uploading the advertisement of the products manufactured by the respondent-Corporation. It is also forthcoming from the impugned order at Annexure- U that, out of 33 items specified for posting on Facebook and Twitter, it is the contention of the respondent- Corporation that 9 items posted on Facebook and Twitter are not belonging to the respondent-Corporation. HC-KAR NC: 2025:KHC:52926

In that view of the matter, as the issue involved in this petition is to decide the contractual obligation between the parties, I am of the view that, this Court cannot interfere with the impugned order at Annexure-U under Article 226 of the Constitution of India unless a manifestation of arbitrariness is apparent on the part of the respondent-Corporation.

Relegating the petitioner to approach the Civil Court where the inquiry has to be conducted in respect of the disputed facts involved in this petition is concerned, I am of the view that, no interference is called for in this writ petition.

Accordingly, the writ petition is disposed of. However, the petitioner is relegated to approach the Civil Court to adjudicate its grievance before the competent Civil Court.

In the event, if the petitioner approaches the competent Civil Court within six weeks from the receipt of HC-KAR NC: 2025:KHC:52926 this order the period spent by the petitioner before this Court be condoned under Section 14 of the Limitation Act. All contentions of the parties are kept. (E.S.INDIRESH) JUDGE

PSJ List No.: 1 Sl No.: 46 CT-SG