- 1 - HC-KAR NC: 2025:KHC:19033 WP No. 22070 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. 22070 OF 2023 (GM-RES) BETWEEN: 1. MRS. VARALAKSHMI W/O LATE LOKESH AGED ABOUT 35 YEARS R/AT NO 162, 2ND CROSS, 2ND MAIN ROAD, KAMALANAGAR BENGALURU - 560 079 2. DR CHETHANA SHANTHARAM HEGDE D/O SHANTHARAM HEGDE AGED ABOUT 41 YEARS R/AT NO 340, SURANAKERE VILLAGE SIDDAPURA UTTARA KANNADA - 581 340 3. MR ANAND K N S/O LATE NARASIMHAMURTHY SINCE DECEASED REPRESENTED BY HIS LR MR SRIHARI A S/O LATE ANAND K N AGED ABOUT 32 YEARS, R/AT 31ST CROSS, S.I.T MAIN ROAD, TUMKUR - 572 103 Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19033 WP No. 22070 of 2023 4. MR CHANDRASHEKAR D S S/O SHIVANNA GOWDA AGED ABOUT 61 YEARS, R/AT SHANTHAYA 2ND CROSS ROAD, NEXT TO MYTHRI APARTMENT B N SHARDHAMA LAYOUT SOMINAKOPPA, NAVILE SHIVAMOGGA - 577 204 5. MR MITHUN SHETTY S/O LATE SUDHAKAR SHETTY, AGED ABOUT 45 YEARS R/AT NO 2201, GRAHA BHARANA 5TH CROSS ROAD, 3RD B MAIN BEHIND VIJAYANAGAR CLUB RPC LAYOUT, 2ND STAGE, VIJAYANAGAR BENGALURU - 560 040 6. MR PRABHAKAR P B S/O LATE B P BASAPPA AGED ABOUT 55 YEARS, R/AT NO 222, 17TH D CROSS NEAR DHOBI GHAT RAJAJINAGAR, BENGALURU - 560 010 7. MR VIKRAM CHANDRA S S/O LATE SHEKARAPPA N AGED ABOUT 38 YEARS R/AT NO 168 (OLD NO 26) 8TH CROSS, OLD BANK COLONY KONANAKUNTE BENGALURU - 560 062 - 3 - HC-KAR NC: 2025:KHC:19033 WP No. 22070 of 2023 8. MR CHETHAN D V S/O D PANCHAPPA AGED ABOUT 36 YEARS R/AT VENKATESHWARA KRUPE 9TH CROSS, 2ND MAIN ROAD, KRUSHI NAGAR SHIVAMOGGA - 577 201 9. MRS PALLAVI BHAT W/O MAHABALESHWARA BHAT AGED ABOUT 38 YEARS R/AT NO 205 WING BRIGADE GATEWAY RAJKUMAR ROAD MALLESHWARAM WEST BENGALURU - 560 055 10. MRS GEETHA W/O A G SHIVKUMAR AGED ABOUT 64 YEARS R/AT ARALIKOPPA VILLAGE HIRIYUR POST BHADRAVATHI TALUK SHIAMOGGA - 577 302 11. MRS JAYALAKSHMI ALIS SUNANDHA W/O PRABHAT P BHAT AGED ABOUT 59 YEARS R/AT NO 1, 11TH CROSS H N LAYOUT SWIMMING POOL EXTENSION MALLESHAWARAM BENGALURU - 560 003 - 4 - HC-KAR NC: 2025:KHC:19033 WP No. 22070 of 2023 12. MR MARULAPPA M N S/O LATE NANJAPPA M SINCE DECEASED REPRESENTED BY HIS LR MRS YASHODAMMA K N W/O LATE MARULAPPA M N AGED ABOUT 65 YEARS RESIDING AT AKKALIKATTE, SRIPURA DAVANAGERE - 577 213 13. MR SIDDARTH SRIDHAR SHETTY S/O LATE N SATYAAVAN (SRIDHAR) SHETTY AGED ABOUT 37 YEARS R/AT NO B-304 VASANT VIHAR COMPLEX DR C G ROAD, CHEMBUR MUMBAI - 400 074 14. MR. MADHUKAR NARASIMHA HEGDE S/O LATE NARASIMHA HEGDE AGED ABOUT 66 YEARS R/AT ANJANEYA TEMPLE ROAD SAGARA SHIVAMOGGA - 577 401 15. MARIGULLAPPANAVAR S B W/O LATE BARAMAGOWDA AGED ABOUT 62 YEARS R/AT C/O PRAKRUTHI 2ND CROSS, BASAVESHWARA NAGAR SHIVAMOGGA - 577 101 16. MR JAGADISH S/O LATE H A RUDRAPPA - 5 - HC-KAR NC: 2025:KHC:19033 WP No. 22070 of 2023 AGED ABOUT 57 YEARS R/AT NO 4 SHIVADARSHINI B CIRCLE, BEHIND K E TIRUPALAIAH HALL, BALRAJ ARAS ROAD SHIVAMOGGA - 577 201 17. MR P SRIDHAR S/O LATE P NARASIMHAIAH AGED ABOUT 47 YEARS R/AT NO 103 PARVATHI THEATRE ROAD BEHIND BALALJI ELECTRICALS CHENNAPATNA TOWN AND TALUK RAMANAGAR - 562 160 … PETITIONERS (BY SRI. NISHANTH A V., ADVOCATE) AND: 1. STATE OF KARNATAKA REVENUE DEPARTMENT M S BUILDING, DR B R AMBEDKAR VEEDHI, BENGALURU - 560 001 REPRESENTED BY PRINCIPAL SECRETARY 2. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT 4TH FLOOR, VIKASA SOUDHA BENGALURU - 560 001 REPRESENTED BY ITS SECRETARY 3. NELAMANGALA PLANNING AUTHORITY B.H. ROAD, CHANNAPPA LAYOUT - 6 - HC-KAR NC: 2025:KHC:19033 WP No. 22070 of 2023 NELAMANGALA - 562 123 REPRESENTED BY JOINT DIRECTOR 4. COMPETENT AUTHROITY FOR SRI KANVA SOUHARDA CREDIT COOPERATIVE LIMITED AND KANVA GROUP OF COMPANIES BENGALURU OFFICE OF THE MANAGING DIRECTOR KARNATAKA PUBLIC LAND CORPORATION URBAN DC OFFICE BUILDING K G ROAD, BENGALURU - 560 009 5. SRI KANVA SOUHARDHA CREDIT CO-OPERARTIVE LIMITED A REGISTERED SOCIETY FORMED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 REPRESENTED BY ITS MANAGING DIRECTOR SRI N NANJUNDAIAH S/O S NARAYANAPPA AGED ABOUT 47 YEARS NO A- 408, R/AT BRIGADE APARTMENT MALLESHWARAM BENGALURU - 560 003 6. SRI N NANJUNDAIAH S/O S NARAYANAPPA FOUNDER DIRECTOR/DIRECTOR PROPRIETOR SRI KANVA SOUHARDHA CREDIT CO-OPERATIVE LIMITED AND KANVA GROUP OF COMPANIES AGED ABOUT 47 YEARS - 7 - HC-KAR NC: 2025:KHC:19033 WP No. 22070 of 2023 NO A-408, R/A BRIGADE APARTMENT MALLESHWARAM BENGALURU - 560 003 7. MANJUSHREE HOUSING CO-OPERATIVE SOICIETY LIMITED A REGISTERED SOCIETY UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 NO 95, BHEEMAJYOTHI NAGAR LIC COLONY, NEAR SHANKAR MUTT CIRCLE BASAVESHWARANAGAR BENGALURU - 560 079 REPRESENTED BY SECRETARY … RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP FOR R1 & R2; SRI YOGESH D. NAIK, ADVOCATE FOR R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DTD 14.06.2022 PASSED IN MISCELLANEOUS PETITION NO.547/2022 BY XCI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDE FOR KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN FINANCIAL ESTABLISHMENTS ACT, 2004 CASES BENGALURU (CCH-92) VIDE ANNEXURE-A IN SO FAR AS PETITIONER CONCERNED 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, petitioners have called in question the validity of order passed in Misc. No. 547/2022. - 8 - HC-KAR NC: 2025:KHC:19033 WP No. 22070 of 2023 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 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 - 9 - HC-KAR NC: 2025:KHC:19033 WP No. 22070 of 2023 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