HARIPRAKASH KONEMANE v. MYSORE MERCANTILE CO. LTD.,
WP/27817/2025 · 2025-10-14
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39370 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39370 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:40730 WP No. 27817 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 27817 OF 2025 (GM-RES) BETWEEN:
1. HARIPRAKASH KONEMANE S/O. VENKATRAMAN KONEMANE AGED ABOUT 49 YEARS, R/A, FLAT NO. 008, PYRAMID PLATINA APARTMENT, D K SASSNDRA, KARNATAKA - 560 062. 2. HARTI VENKATARAVANAPPA DHARMESH S/O. VENKATARAVANAPPA AGED ABOUT 50 YEARS, R/A, 13, 3RD FLOOR, 4TH MAIN, 4TH CROSS, SANKRANTHI LAYOUT, GAR 7TH PHASE, BANGALORE SOUTH, KARNATAKA - 560 076. 3. VISTARA MEDIA PRIVATE LIMITED REGISTERED OFFICE AT, NO. 1, 2ND AND 4TH FLOOR, INDIAN EXPRESS BUILDING, QUEENS ROAD, BANGALORE, KARNATAKA - 560 001. REPRESENTED BY ITS MANAGING DIRECTOR. R/U COMPANIES ACT …PETITIONERS (BY SRI. RAJESWARA P.N.,ADVOCATE)
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:40730 WP No. 27817 of 2025
AND:
1. MYSORE MERCANTILE CO. LTD., MYSORE MERCANTILE HOUSE NO. 46, III and IV FLOOR, 36TH CROSS, JAYANAGAR 4TH T BLOCK, BENGALURU-560 041 REPRESENTED BY ITS MANAGING DIRECTOR H.S.SHETTY. R/U COMPANIES ACT 2013. 2. SRINIVASA SEETARAM HEBBAR R/A, 71/1 SUBHADRA, MARATIKOPPA, VIDYA NAGAR, 5TH CROSS SIRSI, UTTARA KANNADA - 581 402. 3. KIRAN KUMAR DONANDA KALAPPA R/A 32, SOMWARPET TALUK KOTHAN, KODAGU, KARNATAKA - 571 236. 4. KAMPALAPURA NARASIMIAH JAYALAKSHMI R/A, NO.1680, 6TH CROSS, 10TH MAIN ROAD, 2ND BLOCK, BSK 1ST STREET, BANGALORE SOUTH, BANGALORE - 560 050. 5. KAMPALAPURA GULIGOWDA KRISHNA R/A, HALEVOOR ROAD, HULIYURDURGA, KUNIGAL, KARNATAKA - 572 123. 6. DIVYA NITEEN MALU R/A, H-NO. 8-315, KIRANA BAZAAR, KALABURAGI, KARNATAKA, KALABURAGI - 585 101. - 3 -
HC-KAR NC: 2025:KHC:40730 WP No. 27817 of 2025
7. MINISTRY OF INFORMATION AND BROADCASTING MINISTRY OF INFORMATION & BROADCASTING, ROOM NO. 552, A WING SHASTRI BHAWAN NEW, DELHI - 110 001. REPRESENTED BY ITS SECRETARY. 8. THE REGISTRAR OF COMPANIES, BENGALURU REGISTRAR OF COMPANIES, 'E' WING, 2ND FLOOR, KENDRIYA SADANA, KORAMANGALA, BENGALURU - 560 034. 9. THE REGIONAL DIRECTOR, SOUTH EASTERN REGION, 3RD FLOOR, CORPORATE BHAWAN, BANDLAGUDA, NAGOLE, TATIANNARAM VILLAGE, HAYAT NAGAR MANDAL, RANGA REDDY DISTRICT, HYDERABAD - 560 068. 10. THE MINISTRY OF CORPORATE AFFAIRS 5TH FLOOR, A WING, SHASTHRI BHAWAN, NEW DELHI - 110 001. RESPRESENTED BY ITS SECRETARY. 11. THE REGIONAL PROVIDENT FUND COMMISSIONER, ZONAL ACC OFFICE, BENGALURU, BHAVISHYA NIDHI BHAVAN, NO.13, RAJA MOHAN ROY ROAD, BENGALURU - 560 025. 12.
THE DEPARTMENT OF INCOME TAX, GROUND FLOOR, CR BUILDING, NO.1 QUEENS ROAD, BENGALURU - 560 001, REPRESENTED BY ITS SECRETARY. - 4 -
HC-KAR NC: 2025:KHC:40730 WP No. 27817 of 2025
13. THE GOODS AND SERVICE TAX DEPARTMENT, VANIJYA TERIGE KARYALAYA--II B BLOCK, RAJENDRA NAGAR, 80 FEET, NEAR NATIONAL GAMES VILLAGE, KORAMANGALA, BENGALURU - 560 047. REPRESENTED BY ITS COMMISSIONER. …RESPONDENTS (BY SRI. M.N. KUMAR, CGC ADVOCATE FOR R7 TO R10)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE
ORDER DATED 17.10.2024 ISSUE A WRIT OF CERTIORARI, QUASHING THE ORDER DATED PASSED BY THE HONBLE NATIONAL COMPANY LAW TRIBUNAL, BENGALURU, THEREBY GRANTING INTERIM RELIEFS (B), (C) AND (E) SOUGHT IN C.A.138/2024 AND ALL CONSEQUENTIAL ORDERS DATED 18.11.2024, 29.11.2024, 11.12.2024, 22.01.2025, 10.02.2025, 27.03.2025, 22.05.2025, 27.05.2025, 28.05.2025, 09.07.2025,
ORDER PURSUANT TO 08.08.2025 PASSED 17.10.2024 DATED IN CA.NO.138/2024 EXTENDING THE INTERIM ORDER DATED 17.10.2024, (ANNEXURE-A) PASSED BY HONBLE NATIONAL COMPANY LAW TRIBUNAL, BENGALURU AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
- 5 -
HC-KAR NC: 2025:KHC:40730 WP No. 27817 of 2025
ORAL ORDER
1. Sri M. N. Kumar., accepts notice for respondent no. 7, 8, 9 and 10.
2. The petitioner is before this Court seeking for the following reliefs" i. Issue a Writ of Certiorari, quashing the order dated 17.10.2025 passed by the Hon'ble National Company Law Tribunal, Bengaluru, thereby granting interim reliefs (b), (c) and (e) sought in C.A.138/2024 and all consequential orders dated 18.11.2024, 29.11.2024, 11.12.2024, 22.01.2025, 10.02.2025, 27.03.2025, 22.05.2025, 27.05.2025, 28.05.2025, 09.07.2025, 08.08.2025 passed pursuant to
Order dated 17.10.2024 in CA.No.138/2024 extending the interim
order dated 17.10.2024, (Annexure-A) passed by Hon'ble National Company Law Tribunal, Bengaluru; ii. Issue Writ of Certiorari, quashing the order dated 04.08.2025 and 08.08.2025 in Cont.P.11,12,13, & 14/2024 and Cont.P.02/2025 in C.P.89/2024 & C.A.138/2024 (Annexure-A) passed by Hon'ble National Company Law Tribunal, Bengaluru; iii. Pass such other orders as this Hon'ble Court deems fit to pass under the facts and circumstances of the case, in the interest of justice and equity.
3. What is essentially being challenged are the orders passed by the National Company Law Tribunal, Bengaluru, granting interim reliefs and subsequent extensions thereof, and in that background, the further proceedings have been prayed to be stayed. The petitioner has an alternative efficacious remedy in terms
- 6 -
HC-KAR NC: 2025:KHC:40730 WP No. 27817 of 2025
of an appeal before the National Company Law Appellate Tribunal, which the petitioner can very well avail of. More so since consideration of the matter would also require
consideration of the merits and disputed questions of
facts, which cannot be so done in a writ petition under Article 226 of the Constitution of India.
4. Reserving such liberty, the writ petition stands disposed of.
SD/- (SURAJ GOVINDARAJ) JUDGE
HDK List No.: 1 Sl No.: 68