- 1 - HC-KAR NC: 2025:KHC:19028 WP No. 7241 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 7241 OF 2023 (GM-RES) BETWEEN: 1. THE STATE OF KARNATAKA REP BY THE COMMISSIONER FOR PUBLIC INSTRUCTIONS, NEW PUBLIC OFFICE, NEAR - RBI NRUPATHUNGA ROAD DR. AMBEDKAR VEEDHI, SAMPANGI RAMA NAGARA, BENGALURU-560 001. 2. THE BLOCK EDUCATION OFFICER NORTH BLOCK - 3 NO.250, K. KAMARAJ ROAD, SHIVAJINAGAR, BENGALURU-560 012. … PETITIONERS (BY SRI. SHAMANTH NAIK, HCGP) AND: 1. THE COMPETENT AUTHORITY AND SPECIAL OFFICER FOR - IMA GROUP COMPANIES/ENTITIES 3RD FLOOR, PODIUM BLOCK, V.V. TOWER, DR. AMBEDKAR VEEDHI BENGALURU-560 001. Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19028 WP No. 7241 of 2023 2. I MONETARY ADVISORY A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT, AND ITS GROUP ENTITIES, REPRESENTED BY ITS MANAGING DIRECTOR AND CHIEF PROMOTER, MOHAMMED MANSOOR KHAN, NO.56/4, 1ST FLOOR, NANDI BUILDING, HOSPITAL ROAD, SHIVAJINAGAR, BENGALURU-560 001. 3. I. MONETARY ADVISORY COUNCIL A CHARITABLE TRUST, REPRESENTED BY ITS PRESIDENT, MOHAMMED MANSOOR KHAN, NO.56/4, 1ST FLOOR, NANDI BUILDING, HOSPITAL ROAD, SHIVAJINAGAR, BENGALURU-560 001. 4. SRI. MOHAMMED MANSOOR KHAN S/O ABID ALI KHAN, AGED ABOUT 42 YEARS, RESPONDENTS NO.2, 3 AND 4 ARE RESIDING AT NO.9 PENT HOUSE, BYTHAL MARIYAM APARTMENTS, 5TH FLOOR, PARK ROAD, TASKER TOWN, BENGALURU-560 001. … RESPONDENTS (BY SRI. VEERESH R BUDIHAL., ADVOCATE FOR R1) - 3 - HC-KAR NC: 2025:KHC:19028 WP No. 7241 of 2023 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS RELATING TO ORDER DATED 02.01.2023 PASSED BY THE XCI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN MISC. NO.285/2022 AND ETC. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER In this petition, petitioners have called in question the validity of order passed in Misc. No. 285/2022. 2. Learned counsel appearing for respondents submit that as against the order passed by the Special Court in terms of Section 16 of the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004 (for short 'the Act') any person aggrieved by the order of the Special Court may appeal to the High Court. Accordingly, it is submitted that the matter that requires adjudication as per the appellate remedy available ought not to be short-circuited by bypassing the substantive remedy available by resorting to writ jurisdiction. - 4 - HC-KAR NC: 2025:KHC:19028 WP No. 7241 of 2023 3. Taking note of the availability of substantive remedy under Section 16 of the Act, it would be appropriate to relegate the petitioners to avail of the substantive remedy. The interim order in operation would continue to operate for a period of 4 weeks from today, within which the petitioners to take necessary steps to challenge the impugned order, if so advised, by resorting to the substantive appeal provision, i.e., Section 16 of the Act as is permissible in law. All contentions of the petitioners are kept open. 4. Learned counsel for the petitioners submits that the time spent before this Court may be directed to be taken note of. 5. Needless to state that the benefit under Section 14 of the Limitation Act, 1963, is always open for the petitioners to be sought before the appropriate forum. - 5 - HC-KAR NC: 2025:KHC:19028 WP No. 7241 of 2023 6. Accordingly, petition is disposed off. Office to return the original / certified copy, if any to the petitioners. Sd/- (S SUNIL DUTT YADAV) JUDGE VP