Karnataka High Court
Banking and Finance LawProperty and Real Estate Law

Ambident depositors cannot keep flats transferred by the firm ahead of other claimants, Karnataka High Court rules, upholding attachment of properties

MR SHOUKATH ALI vs THE COMPETENT AUTHORITY

Karnataka High CourtJUDGMENT: October 01, 20262 MIN READSOURCE JUDGMENT
Ambident depositors cannot keep flats transferred by the firm ahead of other claimants, Karnataka High Court rules, upholding attachment of properties. MR SHOUKATH ALI vs THE COMPETENT AUTHORITY. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

Respondent No. 2, Ambident Marketing Private Limited, collected deposits from the public under investment schemes but failed to repay them.

Source reference: pp. 18–21, 26–31; paras. 3, 10–13

After complaints from depositors, the Government provisionally attached properties under Section 3(2) of the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004 (“KPIDFE Act”). The Competent Authority applied to make the attachment absolute. The Special Court allowed the applications, and the appellants challenged those orders in these appeals.

Source reference: pp. 20–22; para. 3
02

Issues

1. Whether the properties conveyed or agreed to be conveyed to the appellants, but acquired using funds paid by the financial establishment or its sister concern, were liable to attachment under Section 3(2) of the KPIDFE Act.

Source reference: pp. 27–33; paras. 10–15

2. Whether the appellants’ alleged status as depositors and the transfer of the apartments in settlement of their claims entitled them to retain the properties ahead of other depositors.

Source reference: pp. 22–26, 31–34; paras. 4–9, 14–16
03

Law Applied

Section 3(2) of the KPIDFE Act authorises attachment of money or property believed to have been acquired by a financial establishment from deposits collected by it, whether held in its own name or in the name of another person; it also permits attachment of other specified property where the establishment’s own attachable property is unavailable or insufficient.

Source reference: pp. 28–30; para. 12

“Deposit” under Section 2(2) includes money received by a financial establishment to be returned, with or without an assured benefit, while Section 2(3) defines a “depositor” as a person who has made deposits with the establishment.

Source reference: pp. 32–33; para. 14
04

Reasoning

The sale deeds and agreements showed that the substantial portion of the purchase consideration had been paid by Ambidant Construction, while the appellants had paid only relatively small sums.

Source reference: pp. 26–31; paras. 10–13

Even accepting the appellants’ account that the transfers settled their deposit claims, the Court considered that arrangement impermissible insofar as it gave them the benefit of specific properties ahead of other depositors who remained unpaid.

Source reference: pp. 31–34; paras. 14–16
05

Holding

The Court answered the issues against the appellants. It held that the properties were liable to remain attached and that the appellants could not obtain priority over other depositors through the transfers.

All appeals were dismissed, and pending interlocutory applications were disposed of.

Source reference: p. 34–35; para. 17
06

Acts & Sections Cited

6 provisions across 3 statutes referred to in this judgment. Each provision opens on LawLens.

KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN FINANCIAL ESTABLISHMENTS ACT, 20044

Banking Regulation Act, 19491

Chit Funds Act, 19821

Karnataka High Court

Original Court PDF

MR SHOUKATH ALIvsTHE COMPETENT AUTHORITY

Karnataka High Court · October 01, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment