- 1 - HC-KAR NC: 2025:KHC-D:13450 WP No. 107127 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107127 OF 2025 (GM-CPC) BETWEEN: J.S.W. STEEL COATED PRODUCTS LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT, VASIND, TALUK SHAHAPUR, THANE DISTRICT-421 601 REP. BY HEAD OF OPERATIONS, MR. BHUPINDER SINGH KHERA, J.S.W. STEEL COATED PRODUCTS LIMITED. …PETITIONER (BY SRI. PRASHANT F.GOUDAR, ADVOCATE) AND: 1. BADRINARAYANA LADDA S/O. NANDA KISHOR LADDA, AGE: 50 YEARS, OCC: BUSINESS, PROPRIETOR SREENIDHI TRADING COMPANY, HAVING ITS OFFICE & RESIDENCE AT DOOR NO.345, OPPOSITE AKASHVANI, HOSAPETE-583201. 2. NATIONAL STEEL & AGRO INDUSTRIES LIMITED (NSAIL), REGISTERED UNDER THE COMPANIES ACT, 1956 OFFICE AT: #401, MAHAKOSH HOUSE, 7/8, SOUTH TUKOGANJ, NATH MANDIR ROAD, INDORE- 432 001 (MADHYA PRADESH) REP. BY ITS MANAGING DIRECTOR. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13450 WP No. 107127 of 2025 3. KAILASHCHANDRA SHAHRA, CHAIRMAN, NATIONAL STEEL & AGRO INDUSTRIES LIMITED, REGISTERED UNDER THE COMPANIES ACT, 1956 OFFICE AT: #401, MAHAKOSH HOUSE, 7/8, SOUTH TUKOGANJ, NATH MANDIR ROAD, INDORE-432 001 (MADHYA PRADESH) 4. SANTOSH SHAHRA, MANAGING DIRECTOR, NATIONAL STEEL & AGRO INDUSTRIES LIMITED, REGISTERED UNDER THE COMPANIES ACT, 1956 OFFICE AT: #401, MAHAKOSH HOUSE, 7/8, SOUTH TUKOGANJ, NATH MANDIR ROAD, INDORE-432 001 (MADHYA PRADESH) 5. P. SRIKRISHNA, WHOLE TIME DIRECTOR, NATIONAL STEEL & AGRO INDUSTRIES LIMITED, REGISTERED UNDER THE COMPANIES ACT, 1956 OFFICE AT: #401, MAHAKOSH HOUSE, 7/8, SOUTH TUKOGANJ, NATH MANDIR ROAD, INDORE-432 001 (MADHYA PRADESH) 6. P. D. NAGAR, DIRECTOR, NATIONAL STEEL & AGRO INDUSTRIES LIMITED, REGISTERED UNDER THE COMPANIES ACT, 1956 OFFICE AT: #401, MAHAKOSH HOUSE, 7/8, SOUTH TUKOGANJ, NATH MANDIR ROAD, INDORE-432 001 (MADHYA PRADESH) 7. NAVNEET ZALANI DIRECTOR, NATIONAL STEEL & AGRO INDUSTRIES LIMITED, REGISTERED UNDER THE COMPANIES ACT, 1956 OFFICE AT: #401, MAHAKOSH HOUSE, 7/8, SOUTH TUKOGANJ, NATH MANDIR ROAD, INDORE-432 001 (MADHYA PRADESH) - 3 - HC-KAR NC: 2025:KHC-D:13450 WP No. 107127 of 2025 8. NAVIN KHANDELWAL, DIRECTOR, NATIONAL STEEL & AGRO INDUSTRIES LIMITED, REGISTERED UNDER THE COMPANIES ACT, 1956 OFFICE AT: #401, MAHAKOSH HOUSE, 7/8, SOUTH TUKOGANJ, NATH MANDIR ROAD, INDORE-432 001 (MADHYA PRADESH) 9. ASHOK K AGARWAL, SECRETARY, NATIONAL STEEL & AGRO INDUSTRIES LIMITED, REGISTERED UNDER THE COMPANIES ACT, 1956 OFFICE AT: #401, MAHAKOSH HOUSE, 7/8, SOUTH TUKOGANJ, NATH MANDIR ROAD, INDORE-432 001 (MADHYA PRADESH) 10. VISHWANATH KHANDELWAL, DEPUTY GENERAL MANAGER, NATIONAL STEEL &AGRO INDUSTRIES LIMITED, REGISTERED UNDER THE COMPANIES ACT, 1956 OFFICE AT: #401, MAHAKOSH HOUSE, 7/8, SOUTH TUKOGANJ, NATH MANDIR ROAD, INDORE-432 001 (MADHYA PRADESH) …RESPONDENTS (BY SRI. K.L. PATIL, ADVOCATE FOR C/R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, I) ISSUE A WRIT OF CERTIORARI QUASHING IMPUGNED ORDER PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE, HOSAPETE IN O.S.NO.43/2008 DATED 14.08.2025 PRODUCED VIDE ANNEXURE-A AND THEREBY ALLOWING INTERIM APPLICATIONS FILED BY THE PETITIONER UNDER ORDER 1 RULE 10 R/W SECTION 151 OF CODE OF CIVIL PROCEDURE, 1908 AND SECTION 151 OF CODE OF CIVIL PROCEDURE, 1908, SEEKING FOR RETURN BANK GUARANTEE, IN THE INTEREST OF JUSTICE AND EQUITY. ii) ISSUE A WRIT OF MANDAMUS, DECLARING THAT THE DECREE PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, IN O.S 43/2008, DATED 29.08.2015, BEING - 4 - HC-KAR NC: 2025:KHC-D:13450 WP No. 107127 of 2025 OUTSIDE THE PURVIEW OF THE APPROVED RESOLUTION PLAN, THE CLAIM OF THE RESPONDENT NO.1, STOOD EXTINGUISHED, IN THE INTEREST OF JUSTICE AND EQUITY. iii) ISSUE ANY SUCH ORDER/WRIT/DIRECTION WHICH THIS HON’BLE COURT DEEMS FIT AND NECESSARY IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i) Issue a Writ of Certiorari quashing Impugned Order passed by the Additional Senior Civil Judge, Hosapete in O.S.No.43/2008 dated 14.08.2025 produced vide ANNEXURE-“A” and thereby allowing Interim Applications filed by the Petitioner under Order 1 Rule 10 R/w Section 151 of Code of Civil Procedure, 1908 and Section 151 of Code of Civil Procedure, 1908, seeking for return Bank Guarantee, in the interest of justice and equity. ii) Issue a Writ of Mandamus, declaring that the Decree passed by the Additional Senior Civil Judge and JMFC, in O.S 43/2008, dated 29.08.2015, being outside the purview of the approved Resolution Plan, the claim of the Respondent No.1, stood extinguished, in the interest of justice and equity. iii) Issue any such Order/Writ/Direction which this Hon’ble Court deems fit and necessary in the interest of justice and equity. - 5 - HC-KAR NC: 2025:KHC-D:13450 WP No. 107127 of 2025 2. By way of the impugned order an impleading application which had been filed by the petitioner in OS No.43/2008 has been rejected on the ground that the suit itself having been disposed of, after the disposal the impleading application cannot be considered. So also, an application for return of bank guarantee has been dismissed. 3. The petitioner has apparently filed an impleading application and a similar application for return of bank guarantee in the execution proceedings which are pending, where the petitioner has been impleaded. If that be so, it was never required for the petitioner to have filed the impleading application in OS No.43/2008, which had already been disposed and as such, I do not find any infirmity in the said order. 4. The observation made in the aforesaid order shall however not be binding on the Executing Court. - 6 - HC-KAR NC: 2025:KHC-D:13450 WP No. 107127 of 2025 5. The Executing Court would have to consider the application independently. 6. Accordingly, Writ Petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE SH CT: UMD List No.: 1 Sl No.: 46