- 1 - HC-KAR NC: 2025:KHC:19032 WP No. 21947 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. 21947 OF 2023 (GM-RES) BETWEEN: 1. MR. VIVEK M B S/O M BASAVARAJ AGED ABOUT 37 YEARS R/AT NO E-46/106, NIDHI 8TH MAIN ROAD, 2ND BLOCK, OPP BDA COMPLEX, NAGARBHAVI 2ND STAGE, BENGALURU 560 072 2. MRS CHANDRA C A W/O SHANKAR N AGED ABOUT 51 YEARS R/AT NO 232, 2ND MAIN ROAD, NEAR SRIRAMPURAM POLICE STATION, RAMACHANDRAPURAM, SRIRAMPURAM BENGALURU 560 021 3. MRS RASHMI H S W/O MALLESHAPPA M AGED ABOUT 56 YEARS, R/AT NO 356, 6TH MAIN ROAD, NEAR BHARATH HOUSING CO-OPERATIVE SOCIETY LTD UTTARAHALLI MAIN ROAD BENGALURU 560 061 Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19032 WP No. 21947 of 2023 4. MR GANGADHAR M K S/O LATE MANJAPPA AGED ABOUT 68 YEARS R/AT NO 155, KASHYAP 2ND CROSS, 4TH MAIN ROAD, H.V.R LAYOUT BENGALURU 560 079 5. MS SHRUTHI SHETTY D/O N SATHYAVAN SHETTY AGED ABOUT 39 YEARS R/AT FLAT NO 304-B, NEAR BASANTHI CINEMA, VASANTH VIHAR COMPLEX CHAMBUR, DR.C.G ROAD, MUMBAI 400 074 6. MR KODANDARAMA S/O K.V.KRISHNA AGED ABOUT 54 YEARS R/AT NO 5, SAPTHAGIRI MLA LAYOUT, 4TH BLOCK, R.M.V. 2ND STAGE, GOTTEGOLLAHALLI 11TH STAGE, R.M.V. EXTENSION BENGALURU 560 094 7. DR ARUNA KUMARI B S D/O BANDAGADDE SRINIVAS BHAT AGED ABOUT 65 YEARS, R/AT FLAT NO 6, BOKS RESIDENCY C-BLOCK, 80-0 CROSS ROAD, 2ND BLOCK, 2ND STAGE, R.M.V EXTENSION BENGALURU 560 094 … PETITIONERS (BY SRI. NISHANTH A V., ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:19032 WP No. 21947 of 2023 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, NELAMANGALA 562 123 REPRESENTED BY JOINT DIRECTOR 4. COMPETENT AUTHORITY FOR SRI KANVA SOUHARDHA 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-OPERATIVE LIMITED A REGISTERED SOCIETY FORMED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959, - 4 - HC-KAR NC: 2025:KHC:19032 WP No. 21947 of 2023 REPRESENTED BY ITS MANAGING DIRECTOR, SRI N NANJUNDAIAH S/O S NARAYANAPPA, AGED ABOUT 47 YEARS, NO A-408, R/A 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, NO A-408, R/A BRIGADE APARTMENT, MALLESHWARAM, BENGALURU 560 003 7. MANJUSHREE HOUSING CO-OPERATIVE SOCIETY LIMITED A REGISTERED SOCIETY FORMED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 NO 95, BHEEMAJYOTHI NAGAR, LIC COLONY, NEAR SHANKAR MUTT CIRCLE, BASAVESHWARANAGAR, BENGALURU 560 079 REPRESENTED BY ITS SECRETARY … RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP FOR R1 & R2; SRI SUBRAMANYA, ADVOCATE AND SRI YOGESH D. NAIK, ADVOCATE FOR R3; SRI VEERESH BUDIHAL, ADVOCATE FOR R4) - 5 - HC-KAR NC: 2025:KHC:19032 WP No. 21947 of 2023 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DTD 03.08.2022 PASSED IN MISCELLANEOUS PETITION NO.734/2022 BY XCI ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE FOR KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN FINANCIAL ESTABLISHMENTS ACT, 2004 CASES BENGALURU (CCH-92) VIDE ANNEXURE-A 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. 734/2022. 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 - 6 - HC-KAR NC: 2025:KHC:19032 WP No. 21947 of 2023 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 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. - 7 - HC-KAR NC: 2025:KHC:19032 WP No. 21947 of 2023 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