- 1 - HC-KAR NC: 2025:KHC:19035 WP No. 11436 of 2024 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. 11436 OF 2024 (GM-RES) BETWEEN: 1. MR A MOHAMMED JAVEED S/O E. MOHAMMED AKBAR, AGED ABOUT 63 YEARS, R/AT FLAT NO.1, 4TH FLOOR, QUEENS MANOR APARTMENT, MODI MASJID, CHICK BAZAAR ROAD, BENGALURU-560 045 … PETITIONER (BY SRI. MAHADEVAIAH K B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-560 001 2. THE COMPETENT AUTHORITY FOR - M/S AALA VENTURES LTD., DEPUTY COMMISSIONER (URBAN) BENGALURU, KANDAYA BHAVAN, BENGALURU-560 009 Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19035 WP No. 11436 of 2024 3. M/S AALA VENTURES LTD REGISTERED UNDER THE COMPANIES ACT 1955, HAVING ITS OFFICE AT NO.403, 3RD FLOOR, 5TH CROSS, 5TH MAIN, 1ST STAGE, 3RD BLOCK, H.B.R. LAYOUT, KALYAN NAGAR POST, BENGALURU-560 043 REP. BY ITS CHAIRMAN, MR. NADIM AHMED 4. MR. NADIM AHMED S/O LATE NISAR AHMED, AGED ABOUT 41 YEARS, NO.403, 3RD FLOOR, 5TH CROSS, 5TH MAIN, 1ST STAGE, 3RD BLOCK, H.B.R. LAYOUT, KALYAN NAGAR POST, BENGALURU-560 043 5. MRS. FARZANA BEGUM W/O SYED MAHEBOOB, AGED ABOUT 42 YEARS, R/AT NO.46, 2ND MAIN ROAD, GANDHINAGAR, K.G.HALLI, ARABIC COLLEGE POST, BENGALURU-560 045 … RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP FOR R1; SRI VEERESH R. BUDIHAL., ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DTD 24.05.2022 PASSED BY THE XCI ADDL - 3 - HC-KAR NC: 2025:KHC:19035 WP No. 11436 of 2024 CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-92) IN MISC NO. 239/22, ATTACHMENT MADE ABSOLUTE IN RESPECT OF PETITIONER SCHEDULE PROPERTY AT ANNEXURE-E IN RESPECT OF PETITIONERS ARE CONCERN 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, petitioner has called in question the validity of order passed in Misc. No. 239/2022. 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 - 4 - HC-KAR NC: 2025:KHC:19035 WP No. 11436 of 2024 not to be short-circuited by bypassing the substantive remedy available by resorting to writ jurisdiction. 3. Taking note of the availability of substantive remedy under Section 16 of the Act, it would be appropriate to relegate the petitioner 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 petitioner 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 petitioner are kept open. 4. Learned counsel for the petitioner 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 petitioner to be sought before the appropriate forum. - 5 - HC-KAR NC: 2025:KHC:19035 WP No. 11436 of 2024 6. Accordingly, petition is disposed off. Office to return the original / certified copy, if any to the petitioner. Sd/- (S SUNIL DUTT YADAV) JUDGE VP