- 1 - HC-KAR NC: 2025:KHC:41092 WP No. 12780 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.12780 OF 2023 (GM-RES) BETWEEN: 1. M/S AAYUG MULTI SPECIALTY HOSPITAL NO-477 FIRST MAIN, 'B' BLOCK AECS LAYOUT, KUNDALAHALLI BENGALURU, PINCODE-560 037 A REGISTERED PARTNERSHIP FIRM DULY REPRESENTED BY ITS PARTNER DR. GOPALA KRISHNAN .M.S 2. DR. GOPALA KRISHNAN .M.S S/O MR. SUNDARA RAJAN .M AGED ABOUT 51 YEARS (DOB- 20/JAN/1972) PARTNER M/S AAYUG MULTI SPECIALTY HOSPITAL NO. 477 FIRST MAIN, 'B' BLOCK AECS LAYOUT, KUNDALAHALLI BENGALURU, PIN CODE-560 037. 3. MRS. UMA GOPALA KRISHNAN W/O DR. GOPALA KRISHNAN AGED ABOUT 46 YEARS, (DOB - 06/FEB/1977) PARTNER M/S AAYUG MULTI SPECIALTY HOSPITAL NO.477 FIRST MAIN, 'B' BLOCK AECS LAYOUT, KUNDALAHALLI, BENGALURU, PIN CODE-560 037. …PETITIONERS (BY SRI. RENJITH SHANKER V., ADVOCATE) Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41092 WP No. 12780 of 2023 AND: 1. M/S PIRAMAL CAPITAL AND HOUSING FINANCE LIMITED FORMERLY KNOWN AS M/S DEWAN HOUSING FINANCE CORPORATION LIMITED HAVING IT'S REGISTERED OFFICE AT NO. 601, NO. 06TH FLOOR AMITI BUILDING, AGASTYA CORPORATION PARK KAMANI JUNCTION, OPPOSTE FIRE STATION LBS MARG, KURLA (W),MUMBAI MAHARASHTRA, PIN CODE-400 070 REPRESENTED BY IT'S CHAIRMAN THE REGISTERED COMPANY ACT, 1956. 2. M/S PIRAMAL CAPITAL AND HOUSING FINANCE LIMITED FORMERLY KNOWN AS M/S DEWAN HOUSING FINANCE CORPORATION LIMITED HAVING IT'S ZONAL/REGIONAL OFFICE AT NO.13, OLD NO.05, FIRST MAIN ROAD VASANTH NAGAR, BENGALURU KARNATAKA, PIN CODE-560 052 REPRESENTED BY IT'S MANAGER THE REGISTERED COMPANY ACT, 1956. 3. M/S YASHOMATI HOSPITALS PVT LTD (FORMERLY, M/S YASHODHA MEDICARE AND RESEARCH CENTER PVT LTD) NO. 2371/3, OLD HAL AIRPORT-VARTHUR ROAD MUNNEKOLALA, MARATHAHALLI BENGALURU, KARNATAKA PIN CODE-560 037 REPRESENTEDBY IT'S CHAIRMAN MR. ARTUR VLADIMIROVICH NIKITIN THE REGISTERED COMPANY ACT, 1956. 4. M/S SRI KAUVERI MEDICAL CARE (INDIA) LIMITED SUCCESSFUL RESOLUTION APPLICANT - 3 - HC-KAR NC: 2025:KHC:41092 WP No. 12780 of 2023 IN CP (IB) NO.144/BB/2017 OF NCLT M/S YASHOMATI HOSPITALS PVT LTD NO.2371/3, OLD HAL AIRPORT-VARTHUR ROAD MUNNEKOLALA, MARATHAHALLI BENGALURU, KARNATAKA PIN CODE-560 037 REPRESENTED BY ITS CHAIRMAN THE REGISTERED COMPANY ACT, 1956. 5. MR. RAVINDRA BELEYUR FATHER'S NAME NOT KNOWN MAJOR, AGE NOT KNOWN RESOLUTION PROFESSIONAL IN CP (IB) NO.144/BB/2017 OF NCLT M/S YASHOMATI HOSPITALS PVT LTD NO.2371/3, OLD HAL AIRPORT -VARTHUR ROAD MUNNEKOLALA, MARATHAHALLI BENGALURU, KARNATAKA PIN CODE-560 037. 6. MS. MEDHA KULKARNI HUSBAND'S / FATHER'S NAME NOT KNOWN AGED ABOUT 45 YEARS FORMERLY INTERIM RESOLUTION PROFESSIONAL IN CP (IB) NO.144/BB/2017 OF NCLT M/S YASHOMATI HOSPITALS PVT LTD NO.2371/3, OLD HAL AIRPORT-VARTHUR ROAD MUNNEKOLALA, MARATHAHALLI BENGALURU, KARNATAKA PIN CODE-560 037 MOB- 91-9945551326 7. MR. ARTHUR VLADIMIROVICH NIKITIN FATHER'S NAME NOT KNOWN AGED ABOUT 57 YEARS CHAIRMAN M/S YASHOMATI HOSPITALS PVT LTD NO.2371/3, OLD HAL AIRPORT-VARTHUR ROAD MUNNEKOLALA, MARATHAHALLI BENGALURU, KARNATAKA PIN CODE - 560 037 - 4 - HC-KAR NC: 2025:KHC:41092 WP No. 12780 of 2023 PASSPORT HOLDER OF THE RUSSIAN FEDERATION HAVING PASSPORT NO: 7509689572 RESIDING AT:- FLAT NO 27-28 BUILDING - 8B KURCHATOVIA STREET, CHELYABINSK CITY RUSSIAN FEDERATION. 454 000 ALSO HAVING ADDRESS AS AT- VASENKO STR., 96, CHELYABINSK CITY RUSSIAN FEDERTION - 454 091 MOB - 79080810598 8. MRS. OLGA SERGEEVNA NIKITINA W/O ARTUR VLADIMIROVICH NIKITIN MAJOR, AGE NOT KNOWN MAJOR SHAREHOLDER M/S YASHOMATI HOSPITALS PVT LTD NO.2371/3, OLD HAL AIRPORT-VARTHUR ROAD MUNNEKOLALA, MARATHAHALLI BENGALURU, KARNATAKA PIN CODE - 560 037 PASSPORT HOLDER OF THE RUSSIAN FEDERATION HAVING PASSPORT NO. 7505950271 RESIDING AT APARTMENT 14, 43-B, ENGELS STREET CHELYABINSK CITY RUSSIAN FEDERATION - 454 091. ALSO HAVING ADDRESS AS AT VASENKO STR., 96, CHELYABINSK CITY RUSSIAN FEDERTION - 454 091 MOB - 79080810598 9. DR. ALEKSANDR VLADIMIROVICH IVLEV FATHER'S NAME NOT KNOWN AGED ABOUT 50 YEARS CEO - 5 - HC-KAR NC: 2025:KHC:41092 WP No. 12780 of 2023 M/S YASHOMATI HOSPITALS PVT LTD NO. 2371/3, OLD HAL AIRPORT-VARTHUR ROAD MUNNEKOLALA, MARATHAHALLI BENGALURU, KARNATAKA PIN CODE - 560 037. PASSPORT HOLDER OF THE RUSSIAN FEDERATION HAVING PASSPORT NO: 7501249091 RESIDING AT: APT 36, BUILD-63 TSVILLINGA STREET CHELYABINSK CITY RUSSIAN FEDERATION-454 000 ALSO HAVING ADDRESS AS AT VASENKO STR., 96 CHELYABINSK CITY RUSSIAN FEDERATION - 454 091 MOB - 79080810598. 10. MR. OLEG VALENTINOVICH LEXHNIKOV FATHER'S NAME NOT KNOWN AGED ABOUT 54 YEARS DIRECTOR M/S YASHOMATI HOSPITALS PVT LTD NO. 2371/3, OLD HAL AIRPORT-VARTHUR ROAD MUNNEKOLALA, MARATHAHALLI BENGALURU, KARNATAKA PIN CODE - 560 037. PASSPORT HOLDER OF THE RUSSIAN FEDERATION HAVING PASSPORT NO. 7512083926 RESIDING AT: TIMIRAYASEV STREET, HOUSE 21 BUILD - FLAT 109, CHELYABINSK CITY RUSSIAN FEDERATION - 454 000 - 6 - HC-KAR NC: 2025:KHC:41092 WP No. 12780 of 2023 ALSO HAVING ADDRESS AS AT: VASENKO STR., 96, CHELYABINSK CITY RUSSIAN FEDERATION - 454 091. MOB- 79080810598 …RESPONDENTS (BY SRI. PATIL .J.M, ADVOCATE FOR R1 AND R2; SRI. SHARAN A. KUKREJA, ADVOCATE FOR C/R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS NO. 03, 04, 07 TO 10 TO PAY AND CLEAR THE OUTSTANDING DUES OF RS 01,37,87,530/- (RUPEES ONE CRORE THIRTY SEVEN LAKHS EIGHTY SEVEN THOUSAND AND FIVE HUNDRED AND THIRTY ONLY) DUE TO THE RESPONDENTS NO. 01 AND 02 AND CLEAR THE LOANS AS PER ANNEXURE-C LOAN SANCTION LETTER DATED 30TH OF APRIL 2018. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition the relief sought for by the petitioners against the respondents is to direct the respondents Nos. 03, 04, 07 to 10 to pay and clear the outstanding dues of Rs. 01,37,87,530/- (rupees One Crore - 7 - HC-KAR NC: 2025:KHC:41092 WP No. 12780 of 2023 Thirty Seven Lakhs Eighty Seven Thousand and Five hundred And Thirty Only) due to the respondent Nos. 01 and 02 and clear the loans as per Annexure-C, loan sanction letter dated 30th of April 2018 along with other consequential reliefs. However, upon perusal of the records, it is evident that respondent Nos. 3, 4, and 7 to 10 do not fall within the purview of “State” or “other authorities” under Article 12 of the Constitution of India. Therefore, the writ petition, which has been filed under Article 226 of the Constitution, is not maintainable against these private respondents. In view of the above, this Court is of the considered opinion that the writ petition does not survive for consideration. Accordingly, the writ petition stands dismissed. SD/- (E.S.INDIRESH) JUDGE SB: List No.: 1 Sl No.: 22