- 1 - NC: 2025:KHC:9652 WP No. 15697 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 15697 OF 2024 (GM-RES) BETWEEN: MR. NOORUDDIN KHAN S/O NASEERUDDIN KHAN AGED ABOUT 61 YEARS R/AT 316, 5TH CROSS 1ST FLOOR, R.T.NAGAR BENGALURU – 560 032. …PETITIONER (BY SRI SHRISHAIL SHIVABASAPPA NAVALGUND, ADVOCATE) AND: 1. M/S. BANK OF BARODA HAVING ITS HEAD OFFICE AT BARODA CORPORATE CENTRE C-26, G-BLOCK, BANDRA KURLA COMPLEX BANDERA (E), MUMBAI – 400 051 AND ACTING THROUGH THE BRANCH OFFICE AT STRESSED ASSETS MANAGEMENT BRNCH FIRST FLOOR, 17/B HOMJI STREET HORNIMAN CIRCLE, FORT MUMBAI – 400 023 REPRESENTED BY ITS MANAGER. 2. PUNJAB NATIONAL BANK (FORMERLY KNOWN AS ORIENTAL BANK OF COMMERCE) HAVING ITS CORPORATE BANKING BRANCH AT Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:9652 WP No. 15697 of 2024 MAKER TOWR, F WING, CUFFEE PARADE, MUMBAI – 400 005 REPRESENTED BY ITS MANAGER. 3. UNION BANK OF INDIA (FORMERLY KNOWN AS CORPORATION BANK) STRESSED ASSETS MANAGEMENT VERTICLE, BRANCH THE EAGLE’S FLIGHT 3RD FLOOR, 301-302, SUREN ROAD ANDHERI KURLA ROAD ANDHERI (EAST), MUMBAI – 400 093 REPRESENTED BY ITS MANAGER. 4. RAM RATAN KANOONGO RESOLUTION PROFESSIONAL REGISTRATION NO.IBBI/IPA-001/IP-P00070/2017-18/10156 AND WITH REGISTERED ADDRESS AT 708, RAHEJA CENTRE, 7TH FLOOR NARIMAN POINT, MUMBAI – 400 021. …RESPONDENTS (BY SRI LOMESH KIRAN N., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ORDER OR DIRECTION, QUASH AND SETTING ASIDE THE IMPUGNED ORDER DATED 16/02/2024 (ANNEXURE-X) IN CP (1B) NO. 140/BB/2022 FOR BEING ERRONEOUS AND PERVERSE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayer: - 3 - NC: 2025:KHC:9652 WP No. 15697 of 2024 “a. Issue a writ of Certiorari (or any other suitable writ, order or direction), quashing and setting aside the Impugned Order dated 16.02.2024 (Annexure – X) in C.P.(IB) No.140/BB/2022, for being erroneous and perverse; b. Direct the Respondents to pay the costs of this Writ Petition to the Petitioner; and c. Pass any other order as this Hon’ble Court may deem fit in the interests of justice.” 2. Heard Sri Shrishail Shivabasappa Navalgund, learned counsel for petitioner and Sri Lomesh Kiran N., learned counsel for respondent No.1. Respondent No.4 is served and unrepresented. 3. The petitioner is a guarantor. In a proceeding which was brought before this Court by the borrower, this Court had entertained the petition and passed certain orders. Those orders were tossed by respondent No.1 - Bank of Baroda before the Apex Court in Civil Appeal No.2759/2025. 4. The Apex Court on 20.02.2025, set aside the orders passed by this Court holding that the High Court in exercise of - 4 - NC: 2025:KHC:9652 WP No. 15697 of 2024 Article 226 of the Constitution of India should not have entertained the petition, more so, when an identical application or the petition was pending before the National Company Law Tribunal. In the subject petition, the petitioner is the guarantor, who is projecting the very same grounds and seeking a direction of the kind that was granted by this Court and set aside by the Apex Court. 5. In the light of the judgment of the Apex Court and the admitted fact that the proceedings are pending before the National Company Law Tribunal, the petition is not maintainable. 6. With the aforesaid reasons, the petition stands disposed as not maintainable. The petitioner is granted liberty to urge all the grounds before the National Company Law Tribunal. Sd/- ____________________ JUSTICE M.NAGAPRASANNA NVJ List No.: 1 Sl No.: 26 CT:SS