M/S Tekcel Automation Pvt Ltd v. Karnataka Industrial Areas Development Board

((((((((((((HC-KAR, NC:(2026:KHC:40530( WP(No.(65206(of(2016( ( ,,,,,,,,,, , CNR:(KAHC010148922016( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( RD DATED(THIS(THE(3 (DAY(OF(AUGUST,(2026(

BEFORE(

THE(HON'BLE(MR.(JUSTICE(M.G.S.(KAMAL(

WRIT(PETITION(NO.(65206(OF(2016((GM-KIADB)(

( BETWEEN:( ( M/S,TEKCEL,AUTOMATION,PVT,LTD.,, NO.72/73,,BOMMASANDRA,JIGANI,LINK,ROAD, BANDENAHALLASANDRA,HOBLI, ANEKAL,TALUK,,JIGANI, BENGALURU-562,106, REPRESENTED,BY,ITS,DIRECTOR, SRI,R.R.,HARISH,,S/O,SRI,R,K,RAMESH, AGED,ABOUT,50,YEARS., …PETITIONER, (BY,SRI.,H.R.,NARAYAN,RAO.,,ADVOCATE,FOR, ,,,,,,SRI.,RAJESWARA,P,N.,,ADVOCATE), , AND:( ( Digitally 1., KARNATAKA,INDUSTRIAL, signedtiby AREAS,DEVELOPMENT,BOARD, SUMA0B0N RD TH NO.49,,3 ,,&,4 ,,FLOORS, Location: KHANJI,BHAVAN,,RACE,COURSE,ROAD,HIGH0COURT OF BANGALORE-560,001, KARNATAKA REPRESENTED,BY,ITS,CHIEF,EXECUTIVE,, OFFICER,&,EXECUTIVE,MEMBER., ,

2., CHIEF,EXECUTIVE,OFFICER,&,EXECUTIVE,MEMBER, KARNATAKA,INDUSTRIAL,AREAS,, DEVELOPMENT,BOARD, NO.49,,3RD,&,4TH,FLOORS,,, KHANJI,BHAVAN, RACE,COURSE,ROAD, BANGALORE-560,001., ((((((((((((HC-KAR, NC:(2026:KHC:40530( WP(No.(65206(of(2016( ( ,,,,,,,,,, , CNR:(KAHC010148922016( ( ( ,

3., DEVELOPMENT,OFFICER-1,AND,, EXECUTIVE,ENGINEER, ZONAL,OFFICE, KARNATAKA,INDUSTRIAL,, AREA,DEVELOPMENT,BOARD, ARABINDO,BHAVAN, NRUPATHUNGA,ROAD, BANGALORE-560,001., …RESPONDENTS, , (BY,SMT.,ANUPARANA,BORDOLOI.,ADVOCATE,FOR,R1,AND,R2;, ,,,,,R3,IS,SERVED,AND,UNREPRESENTED), , , THIS, WRIT, PETITION, IS, FILED, UNDER, ARTICLES, 226, AND, 227, OF, THE, CONSTITUTION, OF, INDIA,, PRAYING, TO, QUASH, THE, ORDER, DATED, 28.10.2016, (SIGNED, ON,

21.10.2016), AND, PRONOUNCED, ON, 11.11.2016), PASSED, BY, THE, R-2, VIDE, ANNEX-A, AND, COMMUNICATED, TO, THE, PETITIONER, VIDE, LETTER, DATED, 21.11.2016, VIDE, ANNEX-B, BY,THE,SECRETARY,OF,R-1,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,M.G.S.,KAMAL, ,

ORAL ORDER

¶1Pursuant to the order dated 13.07.2026, learned counsel for the respondent Nos.1 and 2-KIADB files a memo, which reads as under: ''MEMO The undersigned counsel appearing on behalf of the Respondent respectfully submits as follows: In the present matter, it is submitted that a tentative sum of Rs.2,93,665/- (Rupees Two Lakhs Ninety-Three Thousand Six Hundred and Sixty-Five only) is outstanding and payable by the Petitioner, subject to confirmation upon completion of the final audit. Respondent No. 1 has requested its Auditor to submit the audit report for the purpose of ascertaining the exact outstanding amount payable by the Petitioner for further consideration and necessary action. As the audit process is still underway, the Respondent will be in a position to determine the actual outstanding amount only upon completion of the said audit. In the meanwhile, and subject to the findings of the final audit report, it is submitted that a tentative sum of Rs. 2,93,665/- (Rupees Two Lakhs Ninety-Three Thousand Six Hundred and Sixty-Five only) shall be deposited by the Petitioner before the concerned authority to enable further proceedings in the matter, without prejudice to the Respondent's rights to claim such amount as may be found due upon completion of the audit. It is, therefore, most humbly prayed that this Hon'ble Court may be pleased to take the present Memo on record to serve the interest of justice and equity.''

¶2In furtherance to the said memo, learned counsel for the respondent-KIADB submits that the amount of

Rs.2,93,665/- payable by the petitioner is approximate, subject to completion of final audit, which would be plus or minus between 10% and 15%.

¶3Learned counsel for the petitioner submits that the petitioner who had been allotted the industrial plot vide allotment dated 17.10.2011 followed by possession certificate dated

27.08.2013, and lease-cum-sale agreement dated 13.02.2014 as per Annexure-E, has complied with all the terms and conditions of lease-cum sale-agreement. He has also paid the cost of the plot as requisitioned by the respondent-KIADB, amounting to Rs.85,00,000/-. That the petitioner is also ready and willing to pay the amount now tentatively being claimed by the respondent in a sum of Rs.2,93,665/- subject to final audit.

¶4Submissions and memo is taken on record.

¶5In view of the above, following:

ORDER

(i) Petition is disposed of.

(ii) Petitioner shall pay the tentative cost of Rs.2,93,665/- within 30 days from the date of receipt of certified copy of this order. Such payment is subject to the final audit.

(iii) Respondent-KIADB shall intimate the petitioner the actual balance amount payable after completion of final audit as expeditious as possible and petitioner shall pay the same as agreed and undertaken hereinabove.

(iv) Parties shall proceed further in execution and registration of necessary deed of conveyance, as expeditiously as possible within an outer limit of three months from the date of receipt of tentative sum of Rs.2,93,665/-.

(v) Consequently, impugned Order dated

28.10.2016 and the communication dated

21.11.2016 produced at Annexures-A and B are hereby quashed. Sd/- (M.G.S. KAMAL) JUDGE

RL/- List No.: 1 Sl No.: 23