- 1 - HC-KAR NC: 2025:KHC:20615 WP No. 7000 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION No. 7000 OF 2025 (GM-RES) BETWEEN: 1. DAYANANDA, S/O LATE B.N. THIMMA REDDY, AGED ABOUT 62 YEARS, No.207/2, RANJITHA FARMS, BOMMASANDRA, ANEKAL TALUKU, BENGALURU-560 099. 2. SMT. NEELAMMA, W/O. DAYANANDA, AGED ABOUT 57 YEARS, No.207/2, RANJITHA FARMS, BOMMASANDRA, ANEKAL TALUKU, BENGALURU-560 099. 3. SMT. RANJITHA DAYANANDA, D/O. DAYANANDA, AGED ABOUT 39 YEARS, BAGLUR MAIN ROAD, THUMMARAPALLI, TAMIL NADU 635 124. 4. SMT. PRATHIBHA DAYANANDA, D/O. DAYANANDA, AGED ABOUT 33 YEARS, No.43, JAKAHALLI, GUNDLUPET TALUK CHAMARAJANAGARA DISTRICT. 5. MR. BHARATH DAYANANDA, S/O DAYANANDA, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20615 WP No. 7000 of 2025 AGED ABOUT 30 YEARS, No.207/2, RANJITHA FARMS, BOMMASANDRA, ANEKAL TALUKU, BENGALURU-560 099. …PETITIONERS (BY SRI SHEKAR G. DEVASA, SENIOR COUNSEL FOR SRI PAWAN SHYAM, ADVOCATE) AND: 1. STATE BANK OF INDIA (SBI), REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, STATE BANK BHAVAN, MADAME CAMA ROAD, NARIMAN POST, MUMBAI-40021. 2. STATE BANK OF INDIA (SBI), REP. BY ITS AGM, SBI BANK SAM BRANCH AND AUTHORIZED OFFICER, IN THE CASE OF M/S BHARATH INFRA EXPORTS AND IMPORTS LTD., STRESSED ASSETS MANAGEMENT BRANCH, 2ND FLOOR, LHO CAMPUS, 65, ST. MARKS ROAD, BENGALURU - 560001. 3. NATIONAL COMPANY LAW TRIBUNAL, 1 ADJUDICATING AUTHORITY UNDER IBC, 2016 BENGALURU BENCH, CORPORATE BHAWAN, 12TH FLOOR, RAHEJA TOWER EAST WING, MG ROAD, BENGALURU, KARNATAKA - 560001, REP BY ITS REGISTRAR. 4. MR. RAVINDRA BELEYUR, IRP OF M/S BHARATH INFRA EXPORTS AND IMPORTS LTD., SHREEVATHSA, No.428, 19TH B CROSS, 3RD BLOCK, JAYANAGAR, BENGALURU 560 011. 5. INSOLVENCY AND BANKRUPTCY BOARD OF INDIA STATUTORY BODY UNDER IBC, 2016 - 3 - HC-KAR NC: 2025:KHC:20615 WP No. 7000 of 2025 HEAD OFFICE AT 7TH FLOOR, MAYUR BHAWAN, SHANKAR MARKET CONNAUGHT CIRCUS, NEW DELHI - 110 001. REP. BY ITS CHAIRPERSON 6. RESERVE BANK OF INDIA, REPRESENTED BY ITS GOVERNOR, 6, SANSAD MARG NEW DELHI - 110001 7. DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, STATE OF KARNATAKA No.2, NRUPATUNGA ROAD, BANGALORE 560001. 8. HEBBAGODI POLICE STATION, REP. BY ITS STATION HOUSE OFFICER, HEBBAGODI, ANEKAL TALUKU, BANGALORE-560099. 9. KALASIPALYA POLICE STATION REP. BY ITS STATION HOUSE OFFICER, KALASIPALYA, BANGALORE-560002. …RESPONDENTS (BY SRI G. KRISHNAMURTHY, SENIOR COUNSEL FOR SRI NANDISH PATIL, ADVOCATE FOR R1 & R2; SRI NITIN RAMESH, ADVOCATE FOR R4; SMT. RASHMI RAO, HCGP FOR R7 TO R9) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT OR ORDER(S) TO CLOSE/KEPT IN ABEYANCE/ADJOURN SINE DIE ALL THE PROCEEDINGS PENDING BEFORE THE HON'BLE NCLT IN CASE No.CP(IB) No.112BB/2019 ANNEXURE- R AND, CP(IB) No.38/BB/2024, ANNEXURE-S CP(IB) No.39/BB/2024 ANNEXURE - T CP(IB) No.40/BB/2024, ANNEXURE-V CP(IB) No.41/BB/2024 ANNEXURE-W AND CP(IB) No.42/BB/2024 ANNEXURE-X TILL THE DISPOSAL OF THE CIVIL SUITS IN O.S.Nos.280/2024 ANNEXURE-DD AND - 4 - HC-KAR NC: 2025:KHC:20615 WP No. 7000 of 2025 329/2024 ANNEXURE-EE ON THE FILE OF HON'BLE PRL. CIVIL JUDGE AND JMFC, ANEKAL. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court seeking the following prayer; " (a) To issue a writ in the nature of mandamus or any other writ or Order(s) to close/kept in abeyance/adjourn sine die all the proceedings pending before the Hon'ble NCLT in Case No.CP(IB) No.112/BB/2019 (Annexure-R) and, CP(IB) No.38/BB/2024 (Annexure-S), CP(IB) No.39/BB/2024 (Annexure- T), CP(IB) No.40/BB/2024 (Annexure-V), CP(IB) No.41/BB/2024 (Annexure-W) and CP(IB) No.42/BB/2024 (Annexure-X), till the disposal of the civil suits in OS.No.280/2024 (Annexure-DD) and 329/2024 (Annexure-EE) on the file of Honble Prl. Civil Judge and JMFC, Anekal." (Emphasis added) The prayer of the petitioner inter alia is to close / keep in abeyance or adjourn sine die all the proceedings before the National Company Law Tribunal (for short ‘NCLT’). - 5 - HC-KAR NC: 2025:KHC:20615 WP No. 7000 of 2025 2. Learned counsel appearing for the petitioners is heard earlier at length. This Court indicated that it would not entertain the petition, which is in effect interfering with the orders passed by the NCLT or the pending proceedings before the NCLT. The prayer quoted supra is seeking a direction to stay all the proceedings before the NCLT. 3. The Hon'ble Apex Court has time and again indicted that this Court in exercise of its jurisdiction under Article 226 of the Constitution of India should not entertain the petitions which would in effect stall the proceedings before the NCLT or any orders that of the NCLT. The Apex Court was upturning a judgment of this Court which had entertained the proceedings before the NCLT and had passed certain orders. The Apex Court in the case of Mohammed Enterprises (Tanzania) Ltd. vs. Farooq Ali Khan1, has held as follows; "14. In view of the delay in approaching the High Court, particularly when respondent no. 1 himself has initiated proceedings under the Code by filing interlocutory applications seeking similar relief, we are 1 2025 SCC On Line 23 - 6 - HC-KAR NC: 2025:KHC:20615 WP No. 7000 of 2025 of the opinion that the High Court committed an error in entertaining the writ petition. 15. Apart from delay and laches, High Court should have noted that Insolvency and Bankruptcy Code is a complete code in itself, having sufficient checks and balances, remedial avenues and appeals. Adherence of protocols and procedures maintains legal discipline and preserves the balance between the need for order and the quest for justice. The supervisory and judicial review powers vested in High Courts represent critical constitutional safeguards, yet their exercise demands rigorous scrutiny and judicious application. This is certainly not a case for the High Court to interdict CIRP proceedings under the Insolvency and Bankruptcy Code. 16. In view of the above, we allow these appeals and set aside the final judgment and order passed by the High Court in Writ Petition No. 483 of 2023 (GM-RES) dated 22.04.2024. We further direct that the Adjudicating Authority will now commence the proceedings from where it was interdicted by the High Court and complete the same as expeditiously as possible, which is also the spirit of the Code." 4. Learned counsel for the petitioners relies on the following plethora of judgments of the Hon'ble Apex Court to buttress his submission that the petition at the hands of this Court is - 7 - HC-KAR NC: 2025:KHC:20615 WP No. 7000 of 2025 maintainable notwithstanding the judgment of the Apex Court in the case of Farooq Ali Khan.. (i) A V Papayya Sastry v. Govt. of A.P2 (ii) Chalasani Udaya Shankar v. Lexus Technologies (P) Ltd.3 (iii) Bakshi Faiz Ahmad v. Bakshi Farooq Ahmad4 (iv) Shazia Rehman v. Anwar Elahi5 (v) Mukesh Jaiswal v. Phool Chand Gupta6 (vi) Shelendra Kumar Sharma v. DSC Ltd.7 (vii) Sandeep Behl v. Nirmal Trading Co.8 5. I decline to answer the said submission as the judgment in Farooq Ali Khan clearly holds that Insolvency and Bankruptcy Code is a complete Code by itself and has all remedies in it. Therefore, this Court would not entertain the 2 (2007) 4 SCC 221; 3 (2024) 10 SCC 303; 4 2018 SCC OnLine J&K 249; 5 2023 SCC OnLine Del 4807; 6 2022 SCC OnLine Cal 3957; 7 2019 SCC OnLine NCLAT 1274; 8 2024 SCC OnLine NCLAT 1272. - 8 - HC-KAR NC: 2025:KHC:20615 WP No. 7000 of 2025 petitions which in effect, as observed herein-above, would stall the proceedings before the NCLT. 6. In the light of the judgment of the Apex Court rendered in the case of Farooq Ali Khan (supra), I do not find any warrant to entertain the petition, notwithstanding the submissions made. Finding no merit to entertain the petition and in the light of the judgment of the Apex Court in the case of Farooq Ali Khan, the petition is rejected. Interim order, if any subsisting, shall stand dissolved. Order Accordingly. Sd/- (M.NAGAPRASANNA) JUDGE MV, List No.: 1 Sl No.: 114