- 1 - HC-KAR NC: 2025:KHC:24652 WP No. 14815 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 14815 OF 2020 (GM-RES) BETWEEN: STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF INDUSTRIES AND COMMERCE, VIKASA SOUDHA, BANGALORE- 560 001. REP. BY THE ADDITIONAL DIRECTOR (POLICY AND PROMOTION) DIRECTORATE OF INDUSTRIES AND COMMERCE, BENGALURU - 560 001. …PETITIONER (BY SRI. MAHANTESH SHETTAR, AGA) AND: 1. ASSOCIATE DECOR LIMITED REPRESENTED HEREIN BY ITS RESOLUTION PROFESSIONAL MR. ALOK KAILASH SAKSENA, PLOT NO.1, PHASE IV, KIADB INDUSTRIAL AREA, MALUR, KOLAR DISTRICT 563 160. 2. MR ALOK KAILASH SAKSENA RESOLUTION PROFESSIONAL OF ASSOCIATE DECTOR LIMITED C/O DESAI SAKSENA AND ASSOCIATES, CHARTERED ACCOUNTS, FIRST FLOOR, LAXMI BUILDING, SIR PHIROZSHAN MEHTA ROAD, FORT, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24652 WP No. 14815 of 2020 MUMBAI - 400 001. 3. UNION BANK OF INDIA (ERSTWHILE CORPORATION BANK) HAVING ITS CORPORATE BANKING BRANCH AT BHARATH HOUSE NO.104, GROUND FLOOR, MS MARG, MUMBAI-400 023 REPRESENTED BY ITS DEPUTY GENERAL MANAGER. 4. BANK OF BARODA HAVING ITS CORPORATE FINANCIAL SERVICES BRANCH AT 1ST FLOOR, 3 WALCHAND HIRACHAND MARG. BALLARD PIER, MUMBAI 400 001. REPRESENTED BY ITS DEPUTY GENERAL MANAGER. 5. PUNJAB NATIONAL BANK (ERSTWHILE ORIENTAL BANK OF COMMERCE) HAVING ITS LARGE CORPORATE BRANCH AT MAKER TOWER, F-WING 14TH FLOOR, CUFFE PARADE, MUMBAI - 400 005 REPRESENTED BY ITS DEPUTY GENERAL MANAGER. 6. COMMITTEE OF CREDITORS ASSOCIATE DECOR LIMITED, REPRESENTED HEREIN BY ITS RESOLUTION PROFESSIONAL MR.ALAOK KAILASH SAKSENA, PLOTNO.1, PHASE IV, KIADB INDUSTRIAL AREA, MALUR, KOLAR DISTRICT - 563 160. …RESPONDENTS (BY SRI.AJAY RAO, ADVOCATE FOR R1 & R2; SRI. SHARAN A KUKREJA.,ADVOCATE FOR SMT. NAMRATHA KOLAR, ADVOCATE FOR R3 TO R6) - 3 - HC-KAR NC: 2025:KHC:24652 WP No. 14815 of 2020 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT CONSTITUTION OF THE COMMITTEE OF CREDITORS INCORPORATING ONLY THE R-3 TO 5 AND EXCLUDING THE PEITTIONER AS PER FIRST COC MEETING DATED 26.12.2018 ANNEXURE-P AND ALL CONSEQUENTIAL PROCEEDINGS OF THE SAID COMMITTEE OF CREDITORS ARE NULL AND VOID AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs: '' A. Declare that the constitution of the Committee of Creditors incorporating only the Respondent Nos.3 to 5 and excluding the petitioner as per first CoC meeting dated 26.12.2018 (Annexure-P) and all consequential proceedings of the said Committee of Creditors are null and void. B. Quash all further proceedings in CP(IB) No. 51/BB/2018 in relation to consideration of Resolution Plan. C. Quash the Resolution Plan approved by the Respondent Nos.2 to 5 (Annexure- R) and submitted before the National Company Law Tribunal, Bengaluru by the Respondent No. 2 by issuing a Writ of Certiorari or other order or writ in the nature of a Writ of Certiorari and D. Direct by issuance of a writ of mandamus to the 2nd Respondent to reconstitute the Committee of Creditors by including the Petitioner in the Committee of Creditors and conduct the proceedings afresh. E. Direct the 2nd Respondent to provide a bank guarantee in respect of the loan amount as per Loan Agreement dated 5.8.2013. F. Pass such other or further orders as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interests of justice and equity.'' - 4 - HC-KAR NC: 2025:KHC:24652 WP No. 14815 of 2020 2. What is essentially challenged is the constitution and the committee of creditors and the filing the resolution plan in respect of respondent No.1. 3. Thus order having passed by the National Company Law Tribunal (hereinafter referred to as 'NCLT') and having been challenged before the National Company Law Appellate Tribunal (hereinafter referred to as 'NCLAT'), which had been confirmed by the NCLAT vide its order dated 19.09.2022, in Company Appeal No.160/2021, which was again challenged before the Hon'ble Supreme Court of India in Civil Appeal Diary No.23705/2023, which also came to be dismissed vide Order dated 25.08.2023. Thereby, confirming the order of constitution and committee of creditors plan. 4. Today, learned AGA submits that the State wishes to file a review petition in Civil Appeal Diary No.23705/2023. Even if that be so, if at all, even if it is accepted that the State succeeds in the matter, the matter would have to be remitted to the NCLT and NCLAT and this Court would not have any jurisdiction over the present matter. As such, no grounds being made out in the present petition, more - 5 - HC-KAR NC: 2025:KHC:24652 WP No. 14815 of 2020 particularly as regards to the jurisdiction of this Court and maintainability of the petition. 5. Petition stands dismissed. Consequently, pending I.As are dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE RL List No.: 1 Sl No.: 33