M/S ASSOCIATE DECOR LIMITED vs STATE OF KARNATAKA

Court
Karnataka High Court

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

ND
DATED THIS THE 2 DAY OF NOVEMBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA

WRIT PETITION NO. 17581 OF 2024 (GM-FOR)

BETWEEN:

M/S ASSOCIATE DECOR LIMITED
(COMPANY UNDER CORPORATE
INSOLVENCY RESOLUTION PROCESS)
REPRESENTED BY RESOLUTION PROFESSIONAL
MR. ALOK KAILASH SAKSENA
RESOLUTION PROFESSIONAL
(COMPANY UNDER CORPORATE INSOLVENCY
RESOLUTION PROCESS)
C/O DESAI SAKSENA AND ASSOCIATES
CHARTERED ACCOUNTANTS
ST
HAVING ITS OFFICE AT 1 FLOOR
LAXMI BUILDING, SIR PHIROZSHAH
MEHTA ROAD, FORT
MUMBAI-400 001
COMPANY INCORPORATED UNDER THE
COMPANIES ACT, 1956
ALSO HAVING ITS REGISTERED OFFICE
AT PLOT NO.1, PHASE 4
KIADB INDUSTRIAL AREA
MALUR TALUK, KOLAR DISTRICT
KARNATAKA-563 160

…PETITIONER











Digitally signed by
PREMCHANDRA
M R
Location: HIGH
COURT OF
KARNATAKA

(BY SRI: AJAY RAO, ADVOCATE)
AND:

1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY

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FOREST DEPARTMENT
AMBEDKAR BHEEDHI
SAMPANGI RAMA NAGARA
BENGALURU
KARNATAKA-560 001

2. PRINCIPAL CHIEF CONSERVATOR OF FORESTS
(HEAD OF THE FOREST FORCE)
KARNATAKA
ARANYA BHAVAN, MALLESHWARAM
BENGALURU-560 003

3. DEPUTY CONSERVATOR OF FORESTS
KOLAR FOREST DIVISION
(OFFICE OF THE CONSERVATION FOREST)
443V+CMC, KOLAR
KARNATAKA

…RESPONDENTS
(BY SRI: M SRINIVAS KUMAR, HCGP)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE OFFICIAL MEMORANDUM BEARING
NO.A8/AA.CHI/C.R/2024-25 DATED 29.06.2024 (ANNEXURE-T)
ISSUED BY RESPONDENT NO.3 AND CONSEQUENTLY DIRECT
THE RESPONDENT NOS.2 AND 3 TO ISSUE THE PROPERTY
MARK REGISTRATION OF THE PETITIONER FOR THE YEAR
2024-25 PURSUANT TO APPLICATION DATED 22.03.2024
(ANNEXURE-P) FILED WITH THE RESPONDENT NO.3.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE T.P.VIVEKANANDA

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ORAL ORDER
The petitioner, a Company registered under the Indian
Companies Act, 1956, is presently under the Corporate
Insolvency Resolution Process (CIRP) and therefore, the
petitioner - Company is represented by the Resolution
Professional.
2. The cause of action for the petitioner to approach
this Court is that the petitioner - Company had approached
respondent No.3 for renewal of property mark registration
certificate for the year 2024-2025 by filing an application on
22.03.2024 with all necessary information and documents. In
response to the application filed by the petitioner, the Range
Forest Officer, Malur Zone issued a Communication dated
18.06.2024 calling upon the petitioner to produce the details of
the wood procured, used and the present stock, so also, the
wood for which the exemption is provided.
3. In response to the same, the petitioner has
furnished the information through letter dated 24.06.2024. It is
thereafter, the Range Forest Officer, Malur zone issued a
Communication dated 29.06.2024 referring to the notice dated

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18.06.2024 and called upon the petitioner to produce the
copies of all the licenses or permit in triplicate on the same day
i.e., on 29.06.2024. On the very same day, another
Communication dated 29.06.2024 was issued calling upon the
petitioner to produce the details of the forest produce received
on 28.06.2024 in the form of license-wise details. Holding that
the information required through the aforesaid two notices
were not produced by the petitioner, the Official Memorandum
dated 29.06.2024 was issued by respondent No.3 rejecting the
request of the petitioner for issue of property mark registration
certificate. In the Official Memorandum, there is a reference to
the spot inspection conducted by the Range Forest Officer,
Malur Zone, which is also on 29.06.2024.
4. The contention of the writ petitioner is that,
respondent No.3 and the Range Forest Officer, having issued
notices for production of the documents on 29.06.2024,
directing the petitioner to produce all the information and
documents called upon as per Annexures-S1 and S2, proceeded
to pass the impugned order on the very same day on the
ground that the documents and information required by them

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are not produced, which amounts to violation of principles of
natural justice. Inasmuch as, no sufficient time had been
provided for production of the documents sought by respondent
No.3.
5. Learned counsel for the petitioner relying upon sub-
Rule (2) of Rule 153 of the Karnataka Forest Rules, 1969,
submits that the Deputy Conservator of Forest, may refuse or
defer the registration of property mark after giving an
opportunity of being heard in the matter to the person affected.
In the present case, as noticed supra, the notice issued calling
upon the petitioner to produce the documents and information
and the spot inspection are all on the same day, so also, the
impugned order. There has been no sufficient time for the
petitioner to produce the required documents and information.
No personal hearing was afforded to the petitioner before
passing the impugned order. The approach of respondent No.3
in passing the impugned order on the date of issuance of the
notice calling upon the information and documents is contrary
to sub-Rule (2) of Rule 153 of the Rules, 1969. What was the
necessity for passing the order refusing to issue licence of

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property mark certificate on the very same day of issuance of
the notice is not forthcoming from the impugned order.
6. On careful perusal of the impugned order, it is seen
that the said order has been passed on the ground that the
required documents are not produced. The order impugned is
liable to be set at naught not only on the ground of violation of
principles of natural justice, but also on the ground of
impugned order being contrary to Rule 153 of the Rules.
7. In the result, the following:
ORDER
allowed.
(i) The writ petition is
(ii) The Official Memorandum dated 29.06.2024 issued
by respondent No.3 at Annexure-T is set aside.
(iii) The petitioner is permitted to produce all the
relevant documents and information called for by respondent
No.3 in the Communication dated 29.06.2024 at Annexurs-S1
and S2 within a period of 2 weeks from the date of receipt of
the certified copy of this order.

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(iv) On receipt of the information and documents from
the petitioner, respondent No.3 is directed to consider the
application dated 22.03.2024 and pass appropriate orders
strictly in terms of Rule 153 of the Karnataka Forest Rules,
1969 within an outer limit of four weeks from the date of
submission of the documents by the petitioner.
(v) Till such time, respondent No.2 passing the order
on the application of the petitioner, the interim order passed in
the present writ petition shall remain in force.


Sd/-
(T.P.VIVEKANANDA)
JUDGE


BGN
List No.: 1 Sl No.: 43