Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:17123-DB CCC No. 365 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE K. V. ARAVIND CCC NO. 365 OF 2025 (CIVIL) BETWEEN:
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M. S. SRIHARSHA S/O. LATE M.S. SUDHINDRA, AGED ABOUT 50 YEARS, R/A NO. 30-31, 3RD CROSS, 7TH BLOCK, K.R. ROAD WEST, JAYANAGAR, BENGALURU - 560 082 …COMPLAINANT (BY MS. AISHWARYA JAYAKUMAR, ADVOCATE FOR SRI N. ROHIT RAO, ADVOCATE)
AND:
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MRS. RAMANATHAN BHUVANESHWARI W/O. MR. K.G. SHESHADRI, AGED ABOUT 62 YEARS, LIQUIDATOR OF M/S SUPREME OVERSEAS EXPORTS PVT. LTD., HAVING OFFICE AT NO. C-006, PIONEER PARADISE, 24TH MAIN ROAD, JP NAGAR, BENGALURU - 560 078. …ACCUSED
THIS CCC IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA R/W SECTIONS 11 AND 12 OF THE CONTEMPT OF COURT ACT, 1971, PRAYING TO INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED/RESPONDENT HEREIN AND TO TAKE SUITABLE ACTION
Digitally signed by CHAITHRA Location: High Court of Karnataka
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NC: 2025:KHC:17123-DB CCC No. 365 of 2025
FOR THEIR WILLFUL DISOBEDIENCE OF THE ORDER DATED 05.12.2024 AND OTHER ORDER DATED 20.12.2024 PASSED IN WP NO.27539/2024 BY THIS HON'BLE COURT AT ANNEXURE-B AND ANNEXURE-C AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY,JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)
Learned advocate Ms. Aishwarya Jayakumar for learned advocate Mr. N. Rohit Rao for the complainant would want the court to initiate contempt proceedings against the respondent in respect of the alleged violation of order dated 05.12.2024 read with
order dated 20.12.2024 passed in the pending Writ Petition No.27539 of 2024.
2. By virtue of order dated 05.12.2024, learned Single Judge provided the sale certificate to be issued in favour of the successful
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NC: 2025:KHC:17123-DB CCC No. 365 of 2025
bidder, shall remain subject to the out come of the petition. The petition was then directed to be listed on 13.12.2024.
3. Earlier on 20.12.2024, learned Single Judge recorded in the interim order subsequently passed that, in the event no offer is made by the corporate debtor within four weeks from that day, the respondent-liquidator is at liberty to confirm the sale in favour of the auction purchaser. The grievance is that the sale came to be confirmed prior to the aforesaid date. Therefore, the contempt is committed .
4. Two weighty reasons dissuades court from entertaining the present contempt petition. Firstly, the order is interim order where the rights of the parties are still to be gone into and have not been finally determined. In the second place, the liberty for the corporate debtor would continue to operate to give its offer.
5. Reserving such liberty to avail before learned Single Judge and further reiterating that the sale which is confirmed shall remain subject to out come of the main proceedings of the writ petition which are pending at large before learned Single Judge on their
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NC: 2025:KHC:17123-DB CCC No. 365 of 2025
merits, the present contempt petition is not entertained and stands
disposed of. In view of disposal of the petition, the interlocutory application would not survive and it stands accordingly disposed of.
Sd/- (N. V. ANJARIA) CHIEF JUSTICE
Sd/- (K. V. ARAVIND) JUDGE
CR/List No.: 1 Sl No.: 3