- 1 - HC-KAR NC: 2025:KHC:19029 WP No. 14461 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. 14461 OF 2023 (GM-RES) BETWEEN: 1. K PADMA W/O RAMU AGED ABOUT 55 YEARS NO 13, BASAVANAGUDI ROAD HEBBALA COLONY METAGALLI ROAD MYSORE - 570 001 2. SRI AYUB ANSARI S/O ABBAS ALI AGED ABOUT 54 YEARS R/AT NO 91 ALFALAH NATIONAL SCHOOL MAHADEVAPURA ROAD OPP: AZIA SATE NAGAR TIPPU FUNCTION HALL C BLOCK GOUSIYA NAGAR MYSORE - 570 019 3. SMT NAJAMUNNISA W/O LATE SABULAL AGED ABOUT 70 YEARS R/AT NO 6, 4TH CROSS 1ST MAIN, MAHAMMEDAN BLOCK Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19029 WP No. 14461 of 2023 CHAMARAJPET BANGALORE - 560 018 … PETITIONERS (BY SRI. VIJAYAKUMAR S., ADVOCATE) AND: 1. THE COMPETENT AUTHORITY FOR M/S INJAZ INTERNATIONAL AND ASSOCIATED GROUPS OF ENTITIES 3RD FLOOR, MINI V V TOWER PODIUM BLOCK, DR AMBEDKAR VEEDHI BENGALURU - 560 001 REPRESENTED BY ITS COMEPTENT AUTHORITY S N SUBRAMANYA THE ASSISTANTCOMMISSIONER AGED ABOUT 57 YEARS 2. M/S INJAZ INTERNATIONAL A PARTNERSHIP FIRM WITH REGISTRATION REP BY ITS MANAGING DIRECTOR/PARTNER SUHAIL AHMED SHARIF NO 6, SRIVASTA ARCADE 12TH CROSS, WILSON GARDEN BENGALURU - 560 027 3. SUHAIL AHMED SHARIF S/O LATE YAKBAL PASHA AGED ABOUT 38 YEARS PARTNER OF INJAZ INTERNATIONAL AND DIRECTOR OF INJAZ BUILDERS AND DEVELOPER PRIVATE LTD R/O SHERIFF BUILDINGS RIVERA APARTEMNTS - 3 - HC-KAR NC: 2025:KHC:19029 WP No. 14461 of 2023 BASAPPA ROAD, NEAR DOUBLE ROAD SHANTHINAGAR BENGALURU - 560 027 NO.201, GOVARDHAN APATMENT LAKSHMIPURAM (K R MOHALLA) MYSORE - 570 004 4. MISBAUDDIN S S/O SALAHUDDIN K., PARTNER OF INJAZ INTERNATIONAL AND DIRECTOR OF INJAZ BUILDERRS AND DEVELOPER PRIVATE LTD AGED ABOUT 37 YEARS NO 25, ANWAR MANZIL 1ST FLOOR, OPP: MECCA MASJID BHEL LAYOUT, JAYANAGAR BENGALURU - 560 041 5. FAYAZ AHMED S/O LATE AMANULLA AGED ABOUT 46 YEARS MIG 28, R S NAIDU NAGARA N R MOHALLA MYSORE - 570 007 6. MOHAMMED IRFAN SAIT S/O MOHAMMED ILIYAS SAIT AGED ABOUT 49 YEARS NO 96, 4TH CROSS, N R MOHALLA SUBHASH NAGARA MYSORE - 570 007 7. MOHAMMED FARUQ S/O MOHAMMED YUNIS AGED ABOUT 45 YEARS - 4 - HC-KAR NC: 2025:KHC:19029 WP No. 14461 of 2023 NP: 1-335, Z CHARLA MAIN ROAD ANDRAPRADESH - 507 133 8. MOHAMMED HANIF PASHA S/O LATE MOHAMMED RAFI AGED ABOUT 45 YEARS, NO.141, M.G.ROAD, UDAYAGIRI, LASHKER MOHALLA, MYSORE - 570 001. 9. MOHAMMED SAIT S/O LATE ABDUL AZEEZ SAIT, AGED ABOUT 50 YEARS NO.2222/1, MEENA BAZAAR, SADE RASTE, MANDI MOHALLA, MYSORE - 570 021. 10. SALMA MANSOOR W/O MANSOOR MAZEED, AGED ABOUT 60 YEARS, NO.354, 7TH CROSS, BANNIMANTAPA, C-LAYOUT, MANDI MOHALLA, MYSORE - 570 021. 11. M. MUSHAHID AHMED S/O LATE. MOHAMMED DASTAGIR SAB, AGED ABOUT 64 YEARS, NO.2/14, A.P. MOHALLA, CHAMARAJANAGARA LAYOUT, CHAMARAJANAGARA-571 313. AND NO.166, A.P MOHALLA, CHAMARAJANAGARA LAYOUT, - 5 - HC-KAR NC: 2025:KHC:19029 WP No. 14461 of 2023 CHAMARAJANAGARA - 571 313. 12. H. AHMED KHAN S/O LATE ABID KHAN SINCE DECEASED REPRESENTED BY HIS LEAGAL HEIRS 12(A) MOHAMMED ABDUL KHAN S/O AHMED KHAN AGED ABOUT 54 YEARS, NO.3/C4, C.V.ROAD, 'A' LAYOUT, BANNIMANTAP, MYSORE - 570 015. 12(B) MOHAMMED ZAFRULLA KHAN S/O AHMED KHAN, AGED ABOUT 49 YEARS, NO.212, 7TH CROSS, 4TH MAIN ROAD, SUBHASH NAGAR, NARASIMHA RAJA MOHALLA, MYSORE - 570 007. 12(C) FIRDOS A.K. W/O RAZAK K.M AGED ABOUT 46 YEARS, NO.301, ARVINDA KABINI APARTMENT, SUBRAMANYAPURA MAIN ROAD, NEAR KADIRENAHALLI PETROL BUNK KADIRENAHALLI, BANASHANKARI 2ND STAGE, BIDARAHALLI, BENGLURU SOUTH - 560 070 13. MALI SURESH S/O M. SHANKARAPPA - 6 - HC-KAR NC: 2025:KHC:19029 WP No. 14461 of 2023 AGED ABOUT 67 YEARS, NO.4, 1ST MAIN, S.V.LAYOUT, SANJAYANAGAR, BENGALURU - 560 094. 14. MAHADEVASWAMY S/O CHIKKABASAPPA, AGED ABOUT 59 YEARS, 15. SHANTHAMMA W/O MAHADEVASWAMY AGED BOUT 49 YEARS, 16. SHILPA D/O MAHADEVASWAMY, AGED ABOUT 31 YEARS, 17. SHEELA D/O MAHADEVASWAMY, AGED ABOUT 29 YEARS, 18. SHAILA D/O MAHADEVASWAMY, AGED ABOUT 27 YEARS, RESPONDENTS NO.14 TO 18 ARE RESIDING AT DEVAGALLI VILLAGE, JAYAPURA HOBLI, MYSORE TALUK, MYSORE-570 008. 19. SHIVANNA S/O JUJAIAH (JUNJAPPA), AGED ABOUT 70 YEARS, - 7 - HC-KAR NC: 2025:KHC:19029 WP No. 14461 of 2023 20. KEMPAMMA W/O SHIVANNA AGED ABOUT 65 YEARS, 21. BHAGYA D/O SHIVANNA AGED ABOUT 39 YEARS, 22. SHASHIKALA D/O SHIVANNA AGED ABOUT 37 YEARS, 23. SUNANDA D/O SHIVANNA AGED ABOUT 35 YEARS, 24. BASAVANNA S/O SHIVANNA AGED ABOUT 41 YEARS, 25. ROJA W/O BASAVANNA AGED ABOUT 29 YEARS, RESPONDENTS NO.19 TO 25 ARE RESIDING AT DEVAGALLI VILLAGE, JAYAPURA HOBLI, MYSORE TALUK, MYSORE - 570 008. … RESPONDENTS (BY SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R1) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE ORDER DATE 20/03/2023 ORDERS PASSED BY THE LEARNED XCI ADDITIONAL CITY CIVIL AND SESSION JUDGE (CCH-92) BENGALURU IN MISC NO 720 OF 2022 ANNEXURE-C AND ETC. - 8 - HC-KAR NC: 2025:KHC:19029 WP No. 14461 of 2023 THIS PETITION, COMING ON FOR PRELIMINARY HEARING 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. 720/2022. 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. 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 - 9 - HC-KAR NC: 2025:KHC:19029 WP No. 14461 of 2023 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. 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