AUBERGINE PROPERTIES PRIVATE LIMITED v. AXIS TRUSTEE SERVICES LIMITED
WP/31666/2025 · 2025-10-27
E S Indiresh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 68114 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 68114 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:42484 WP NO.31666 OF 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.31666 OF 2025 (GM-RES) BETWEEN:
1.
AUBERGINE PROPERTIES PRIVATE LIMITED A PRIVATE LIMITED COMPANY, HAVING ITS REGISTERED OFFICE AT:
NO.11, G.C. ROAD, ULSOOR, BENGALURU, KARNATAKA - 560 042.
2.
MR. ANTONY KUNNEL GEORGE MANAGING DIRECTOR OF AUBERGINE PROPERTIES PRIVATE LIMITED.
HAVING ITS REGISTERED OFFICE AT:
NO.11, G.C. ROAD, ULSOOR, BENGALURU - 560 042. …PETITIONERS (BY SRI. SURESH T.S., ADVOCATE) AND:
AXIS TRUSTEE SERVICES LIMITED A PRIVATE LIMITED COMPANY HAVING ITS REGISTERED OFFICE AT:
AXIS HOUSE, BOMBAY DYEING MILLS COMPOUND, PANDURANG, BHUDHKAR MARG, MUMBAI - 400 025. …RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO RESTRAIN FROM TAKING ANY STEPS PURSUANT TO OR IN FURTHERANCE OF THE NOTICE DATED 29TH SEPTEMBER, 2025 ISSUED FOR CONVENING AN EXTRAORDINARY GENERAL MEETING (EGM) OF THE PETITIONER NO.1-COMPANY
Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:42484 WP NO.31666 OF 2025
SCEHDULED ON 24TH OCTOBER, 2025 VIDE ANNEXURE-A, PENDING CONSIDERATION AND FINAL DISPOSAL OF THE APPEAL FILED BY THE PETITIONERS BEFORE THE HON'BLE NATIONAL COMPANY LAW APPELLATE TRIBUNAL, CHENNAI;
DIRECT THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL TO HEAR AND PASS APPROPRIATE ORDERS ON THE APPLICATION FILED BY THE PETTIIONER IN THE APPEAL FOR STAY OF THE ORDER DATED 24TH JULY, 2025 PASSED BY NATIONAL COMPANY LAW TRIBUNAL, BENGALURU BRANCH WITHIN A SPECIFIED TIME FRAME; AND ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH
ORAL ORDER
In this writ petition, petitioners are seeking direction to the National Company Law Appellate Tribunal (NCLAT), Chennai with regard the proceedings pending therein.
2. In that view of the matter, I am of the view that the writ petition is not maintainable under Article 226 of the Constitution of India, before the learned Single Judge of the High Court.
3. Accordingly, writ petition is dismissed.
SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 6