- 1 - HC-KAR NC: 2025:KHC:25285 WP No. 24478 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 24478 OF 2024 (GM-RES) BETWEEN: 1. MR METHUKU SRINIVAS AGED ABOUT 52 YEARS (SUSPENDED DIRECTOR OF M/S BOUYANT TECHNOLOGY CONSTELLATION PVT LTD) HAVING REGISTERED OFFICE AT C5, RICH HOMES 5TH FLOOR, RICHMOND ROAD BENGALURU - 560 025 … PETITIONER (BY SRI. M.S. SHYAM SUNDAR, SENIOR ADVOCATE FOR SMT. VANDANA P L., ADVOCATE) AND: 1. TOTAL SOLUTIONS INTEC PVT LTD REGISTERED OFFICE: 101, 10TH CROSS, 11TH MAIN HAL II STAGE, INDIRANAGAR BENGALURU KARNATAKA - 560 008 2. SHAIKH NAFIS ANJUM AGED ABOUT NOT KNOWN INTERIM RESOUTION PROFESSIONAL OF M/S BOUYANT TECHNOLOGY Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25285 WP No. 24478 of 2024 3. 4. 5. 6. CONSTELLATION PVT LTD HAVING OFFICE AT: A-34, LOWER GROUND FLOOR VIKAS PURI NEW DELHI - 110 018 EMAIL ID: SN.ANJUM123@ GMAIL.COM IMPLEADING RESPONDENTS IN I.A. No.1/2024 GAURAV PATWARI S/O OM PRAKASH PATWARI AGED ABOUT 47 YEARS RESIDING AT FLAT NO.A2, 1ST FLOOR, MANIMA APARTMENT NO.15A, 1 3RD CROSS MARUTHI LAYOUT, DASSARAHALLI MAIN ROAD HEBBAL - KEMPAPURA - 560 024. SAMEER AHMED AGED ABOUT 45 YEARS S/O ASSAMATHA HABIB AHMED RESIDING AT #12, RS PRIMEROSE APT., G-1, KACHARKANAHALLI HENNUR MAIN ROAD - 560 084. SREEVATSA R S/O MR. RAJAGOPALAN AGED ABOUT 50 YEARS RESIDING AT 70/A, SARASWATHI NAGAR VIJAYANAGAR - 560 040 PARVATI BALCHAND AGED ABOUT 44 YEARS - 3 - HC-KAR NC: 2025:KHC:25285 WP No. 24478 of 2024 7. 8. 9. S/O B B SOMANNA A-701 MANTRI GREENS #1, SAMPIGE ROAD MALLESHWARAM BANGALORE. IMPLEADING RESPONDENTS IN I.A. No.2/2024 LIC HOUSING FINANCE LIMITED REPRESENTED BY ITS AUTHORIZED SIGNATORY S. PADMAVATHI HAVING REGIONAL OFFICE AT NO.137, HMG AMBASSADOR 9TH FLOOR, SOUTH WING RESIDENCY ROAD BENGALURU - 560 025. IMPLEADING RESPONDENTS IN I.A. No.3/2024 MANYATA INFRASTRUCTURE DEVELOPMENTS PRIVATE LIMITED A COMPANY WITHIN THE MEANING OF THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT: NO.9/1, 1ST FLOOR, CLASSIC COURT, RICHMOND ROAD, BENGALURU - 560 025. REPRESENTED BY ITS MANAGING DIRECTOR MR. REDDY VEERANNA. MANYATA REALLTY A REGISTERED PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT: NO.9/1, 1ST FLOOR, CLASSIC COURT, RICHMOND ROAD, BENGALURU - 560 025. - 4 - HC-KAR NC: 2025:KHC:25285 WP No. 24478 of 2024 10. 11. REPRESENTED BY ITS MANAGING DIRECTOR MR. REDDY VEERANNA. IMPLEADING RESPONDENTS IN I.A. NO.1/2025 MR. ROBIN GHOSE S/O LATE KISHORE GHOSE AGED ABOUT 43 YEARS RESIDING AT NO.202, PEACE HEAVEN APARTMENTS LANGFORD ROAD RICHMOND TOWN BENGALURU - 560 025. MRS. POOJA GHOSE W/O MR. ROBIN GHOSE AGED ABOUT 45 YEARS RESIDING AT NO.202 PEACE HEAVEN APARTMENTS LANGFORD ROAD RICHMOND TOWN BENGALURU - 560 025. … RESPONDENTS (BY SRI. ABHISHEK SRIRAM, ADVOCATE A/W SRI ADITH JAHGIRDAR, ADVOCATE FOR R2; SRI AJAY PRABHU, ADVOCATE FOR IMPELADING RESPONDENTS IN I.A.1/2024; SRI ANKITA PAUL, ADVOCATE FOR IMPLEADING RESPONDENTS IN I.A. 2/2024; SRI VISHWAS N., ADVOCATE FOR SRI C.K. NANDAKUMAR, SENIOR ADVOCATE FOR IMPLEADING RESPONDENTS IN I.A.3/2024; SRI G. SRIDHAR, ADVOCATE FOR IMPLEADING RESPONDENTS IN I.A. 1/2025) - 5 - HC-KAR NC: 2025:KHC:25285 WP No. 24478 of 2024 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARATIONS UNDER THE ARTICLE 227 OF CONSTITUTION OF INDIA DECLARING THE CP-(IB)98(BB)/2024 FILED UNDER SECTION 9 OF IBC BEFORE THE NCLT, BANGALORE IS NOT MAINTAINABLE AND ULTRA-VIRES OF PRINCIPLE OF NATURAL JUSTICE AND EQUITY AND ETC. 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 Petitioner has filed the present writ petition seeking for various reliefs. The alternative relief also relates to the order of restraining respondent No.2 to constitute Committee of Creditors till the final disposal of the appeal filed by the petitioner under Section 61 of the Insolvency and Bankruptcy Code, 2016. 2. Various contentions have been raised. It is noticed that as against the order passed at Annexure-A in C.P.(IB) No.98/BB/2024, petitioner has instituted an appeal before the National Company Law Appellate Tribunal (NCLAT). If that were to be so, all contentions as - 6 - HC-KAR NC: 2025:KHC:25285 WP No. 24478 of 2024 raised in the present writ petition are open to be raised in the appeal filed. 3. Noticing that the appeal has already been filed before the NCLAT, it would be appropriate for this Court not to decide on the merits of the matter while relegating the petitioner to avail of the substantive appellate remedy. In light of the petitioner being relegated to the appellate remedy, the interim order passed in the present matter would be in force for a period of two weeks from today leaving it open to the petitioner to make appropriate request before the NCLAT to take a decision regarding the request of the petitioner for interim prayer. All contentions are kept open. 4. Accordingly, petition is disposed off. In view of disposal of writ petition, all pending applications are disposed off as not calling for any orders. Sd/- (S SUNIL DUTT YADAV) JUDGE VP