- 1 - HC-KAR NC: 2025:KHC:31196-DB WP No. 21810 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA WRIT PETITION NO. 21810 OF 2025 (GM-RES) BETWEEN: MR. METHUKU SRINIVAS (SUSPENDED DIRECTOR OF M/S BOUYANT TECHNOLOGY CONSTELLATIONS PVT LTD) AGED ABOUT 52 YEARS, HAVING REGISTERED OFFICE AT: C5, RICH HOMES, RICHMOND ROAD, BENGALURU - 560 025. &PETITIONER (BY SRI. BASAVARAJ S. SENIOR COUNSEL FOR SMT. JAITHRA J. NARAYAN, 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 INTERIM RESOLUTION PROFESSIONAL OF M/S BOUYANT TECHNOLOGY CONSTELLATIONS PVT. LTD HAVING OFFICE AT: Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31196-DB WP No. 21810 of 2025 A-34, LOWER GROUND FLOOR, VIKAS PURI, NEW DELHI - 110 018. EMAIL ID SN.ANJUML123@GMAIL.COM &RESPONDENTS (BY SRI. ABHISHEK SRIRAM, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 ANDE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN APPROPRIATE ORDERS OR DECLARATION UNDER THE ARTICLE 227 OF CONSTITUTION OF INDIA DECLARING THE ORDER DATED 17.07.2025 ANNEXURE-A PASSED BY THE Ld NATIONAL COMPANY LAW APPELLATE TRIBUNAL, CHENNAI IN IA Nos-404/2025 IN THE MATTER TITLED AS METHUKU SRINIVAS SUSPENDED DIRECTOR OF M/s BUOYANT TECHNOLOGY CONSTELLATIONS PVT LTD Vs TOTAL SOLUTIONS INTEC PRIVATE LIMITED AND ANOTHER IN COMPANY APPEAL (AT) (CH) (Ins) No-152/2025 AS NOT MAINTAINABLE AND UTLRA VIRES OF PRINCIPLE OF NATURAL JUSTICE AND EQUITY AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE UMESH M ADIGA ORAL ORDER (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) When the matter was listed on 29.07.2025, the following order was passed. "The issue of maintainability persists. - 3 - HC-KAR NC: 2025:KHC:31196-DB WP No. 21810 of 2025 Learned counsel for the appellant seeks additional time to obtain the order of NCLAT dated 17.07.2025, that is sought to be challenged. It is made clear that mere pendency of this petition will not be construed as an interim order operating in favour of the petitioner. List the matter on 12.08.2025". 2. Today, the learned counsel for the petitioner has submitted by means of a memo, an order of 17.07.2025 passed by National Company Law Appellate Tribunal (NCLAT), at Chennai, dismissing the Company Appeal (AT)(CH)(Ins)No-152/2025 with cost of Rs.5,00,000/-. The Appellate Tribunal has noticed that the petitioner was pursuing two remedies, one before the Tribunal and another before the High Court, there was concealment of material fact, he is engaged in forum shopping and has placed a distorted and false picture with an intention to mislead the Court and to solicit orders in his favour. - 4 - HC-KAR NC: 2025:KHC:31196-DB WP No. 21810 of 2025 3. The learned counsel for respondents have filed respectively memos both dated 12.08.2025 enclosing there with inter alia, print-out of the screen shots of the case details of Diary No.39847/2025 filed by the petitioner herein before the Supreme Court. The parties, as reflected in the print-outs, are the same as in the instant petition. However, it appears that the impugned order, that is the very order impugned in the present writ petition was also not filed before the Supreme Court. The Diary number in the print-out reflects that it was filed on 22.07.2025 at 05:25 pm. 4. The instant writ petition has been filed on 21.07.2025 that is a day prior to the filing of the appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016 before the Supreme Court. 5. The relief sought in the instant writ petition is as under: WHEREOF the Petitioner humbly prays before this Hon'ble Court may be pleased to: - 5 - HC-KAR NC: 2025:KHC:31196-DB WP No. 21810 of 2025 a. Issue an appropriate, order(s) or declarations under the Article 227 of Constitution of India, declaring the order dated 17.07.2025 ANEXURE A passed by the Ld. National Company Law Appellate Tribunal, Chennai in IA Nos.404/2025 in the matter titled as "Methuku Srinivas Suspended Director of M/s. Buoyant Technology Constellations Pvt. Ltd. Vs. Total Solutions Intec Private Limited & Anr" in Company Appeal (AT) (CH) (Ins) No.152/2025 as not maintainable and ultra-vires of Principle of natural justice and equity. b. Resultantly restore the Appeal under section 61 of the Insolvency and bankruptcy Code of 2016 before the Ld. National Company Law Appellate Tribunal, Chennai in the matter titled as "Methuku Srinivas Suspended Director of M/s. Buoyant Technology Constellations Pvt. Ltd. Vs. Total Solutions Intec Private Limited & Anr" in Company Appeal (AT) (CH) (Ins) No.152/2025. c. Issue an appropriate, order(s) or declarations to the Ld. NCLAT Registry to list the matter titled as "Methuku Srinivas Suspended Director of M/s. Buoyant Technology Constellations Pvt. Ltd. Vs. Total Solutions Intec Private Limited & Anr" in Company Appeal (AT) (CH) (Ins) No.152/2025 to be heard and adjudicated on merits. d. Resultantly issue an appropriate writ, order or directions in the nature of prohibition restraining the Respondent No. 2 i.e. Resolution Professional from proceeding further with the Corporate Insolvency Resolution Process (CIRP) and accordingly, to cease and desist from taking any steps in furtherance of the impugned order dated 17.07.2025 passed by the Ld. NCLAT Company Appeal (AT) (CH) (Ins) No.152/2025. - 6 - HC-KAR NC: 2025:KHC:31196-DB WP No. 21810 of 2025 e. Pass any other and further order or orders as this Hon'ble Court may deem fit and proper in the facts and the circumstances of the case. 6. When confronted, the learned counsel for the petitioner has no answer to the aforesaid appeal being filed before the Supreme Court as well as the fact that it was concealed from this Court, when the matter was taken up on 29.07.2025. Obviously, the petitioner did not instruct the counsel for the petitioner. 7. In view of the aforesaid, since the petitioner is already availing statutory alternative remedy provided under the Section 62 of the Insolvency and Bankruptcy Code, 2016, this petition is dismissed. 8. However, since, the filing of the appeal before the Supreme Court was concealed from this Court when the matter was listed on 29.07.2025 on which date the Court recorded that the issue of maintainability of this writ petition persists, reflects that an effort was made by the petitioner to obtain some order from this Court by - 7 - HC-KAR NC: 2025:KHC:31196-DB WP No. 21810 of 2025 concealing material facts. This, in our considered opinion, amounts to gross abuse of the process of Court. 9. Accordingly, we deem it fit to impose cost of Rs.5,00,000/- (Rupees Five Lakhs only) on the petitioner, which shall be deposited within a period of one month from today. Failing to deposit the cost will entail its recovery by appropriate means, for which, the Registrar General is directed to take proper steps after a month hence. 10. The amount of cost so deposited or recovered shall be deposited in the account of the Karnataka State Legal Services Authority, Bengaluru. Sd/- (JAYANT BANERJI) JUDGE Sd/- (UMESH M ADIGA) JUDGE AG List No.: 1 Sl No.: 11