- 1 - HC-KAR NC: 2025:KHC:26658 WP No. 17057 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 17057 OF 2025 (GM-RES) BETWEEN: 1. GULAM MUSTAFA ENTERPRISES PVT LTD., A COMPANY INCORPORATED UNDER THE PROVISION OF THE COMPANIES ACT, HAVING REGISTERED OFFICE AT NO. 6, GM PEARL, I STAGE, I PHASE, BTM LAYOUT. BENGALURU - 560 068 REPRESENTED BY ITS DIRECTOR AND AUTHORIZED SIGNATORY SRI, GULAM MUSTAFA 2. SRI GULAM MUSTAFA SON OF MR. GULAM RASUL AGED 55, RESIDING AT L-66, 3RD MAIN 15TH CROSS, 6TH SECTOR, HSR LAYOUT, BANGALORE SOUTH - 560 102 3. SRI JAWAID HUSSAIN SON OF MR. GULAM RASOOL AGED 49, RESIDING AT 1-1, 4TH CROSS, LINK ROAD, HSR LAYOUT, NEAR MADIWAL NEW EXTENSION, BOMMANAHALLI, BANGALORE - 560 068 Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26658 WP No. 17057 of 2025 … PETITIONERS (BY SRI. S.S. NAGANAND, SENIOR COUNSEL FOR SRI ARJUN RAO., ADVOCATE) AND: 1. PIRAMAL ENTERPRISES LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT 2013 W/A. PIRAMAL ANANTA, AGASTYA CORPORATE PARK, OFF. FIRE BRIGADE, KAMANI JUNCTION, LBS MARG, KURLA (WEST), MUMBAI - 400 070 REPRESENTED BY ITS AUTHORISED SIGNATORY/ LEGAL REPRESENTATIVE … RESPONDENT (BY SRI. K.G. RAGHAVAN, SENIOR COUNSEL FOR SRI A S VISHWAJITH., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NCLT INITIATED PURSUANT TO ORDER DATED 23.05.2025 IN CP IB 48 BB OF 2023 (ANNEXURE-U) PENDING BEFORE THE LD. NATIONAL COMPANY LAW TRIBUNAL, BENGALURU BENCH AGAINST THE PETITIONER NO. 1 AND ANY APPLICATIONS FILED THEREIN IN TERMS OF JUDGMENT DATED 18.08.2023 IN W.P.NO. 10869/2023 (ANNEXURE-K) 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 - 3 - HC-KAR NC: 2025:KHC:26658 WP No. 17057 of 2025 ORAL ORDER This petition had been filed seeking for setting aside the order at Annexure-'U' dated 23.05.2025 and certain other proceedings of the National Company Law Tribunal, Bengaluru (NCLT). There were certain subsequent developments and it appears that the proceedings before NCLT which were closed stood revived by an order passed by NCLT on 23.05.2025. The validity of such order is sought to be challenged by way of an application for amendment, I.A.No.3/2025. 2. Having heard on the merits of the proposed amendment, it would be appropriate to allow the application for amendment to the pleadings considering the nature of amendment. 3. The matter is now taken up for consideration of the prayer that is now inserted by way of amendment. The only contention that is raised is that the order passed on Restoration Application No.2/2025 by NCLT restoring the proceedings which were earlier disposed off on 19.03.2024, which came to be allowed and notice issued to the present petitioners ought to have been passed after hearing the petitioners herein. Various - 4 - HC-KAR NC: 2025:KHC:26658 WP No. 17057 of 2025 contentions have been raised, including that the petitioners were entitled to be heard, as the proceedings earlier stood closed and the same was now sought to be revived. It is contended that the alteration of status of legal proceedings against the petitioners could not have been done without hearing the petitioners. 4. Sri K.G. Raghavan, learned Senior Counsel appearing on behalf of respondents would however state that the restoration was consequent to the disposal of C.P.(IB) No.105/BB/2023 and the legal consequence was restoration of proceedings before the NCLT and petitioners are not prejudiced by the order or revival of the proceedings. While it is the contention of the counsel for the respondent that the objections raised could be raised at the final stage, the same is opposed by the petitioners. 5. After hearing the matter for sometime, the petition could be disposed off on the following terms:- (i) The impugned order is not disturbed. However, the contention raised by the petitioners as opposition to the - 5 - HC-KAR NC: 2025:KHC:26658 WP No. 17057 of 2025 Restoration Application is kept open to be raised before the NCLT. (ii) The factum that application has been restored and notice issued by itself would not extinguish the right of the petitioners to raise contentions that he was required to be heard before the Restoration Application was allowed and notice ordered. (iii) The Court does not intend to enter into the merits of contentions raised by petitioners that they were required to be heard. (iv) In order to prevent the matters being procrastinated by pendency of proceedings before this Court and also allowing the grievance of petitioners to be raised before the NCLT, the petition could be disposed of and is accordingly disposed off. (v) The NCLT to take note of the contentions raised by the petitioners in the present proceedings in an appropriate manner. - 6 - HC-KAR NC: 2025:KHC:26658 WP No. 17057 of 2025 (vi) Insofar as the manner and stage of disposal of contentions of petitioners, is an aspect left open keeping in mind the scheme of the proceedings before the NCLT. (vii) All contentions of the parties are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR