- 1 - HC-KAR NC: 2025:KHC:27864 WP No. 15638 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 15638 OF 2022 (GM-RES) BETWEEN: 1. MR FOUZAN MOHAMMED KHAN S/O B N SAMIULLA KHAN AGED ABOUT 42 YEARS SHAREHOLDER AND DIRECTOR OF AD PROCES PRINTERS PRIVATE LIMITED 2. Ms. MUSARATH AFZA, D/O LATE MR B N SAMIULLA KHAN AGED ABOUT 44 YEARS, SHAREHOLDER OF AD PROCESS PRINTERS PRIVATE LIMITED, 3. MRS. TALATH BEGUM, W/O LATE MR B.N. SAMIULLA KHAN AGED ABOUT 67 YEARS, SHAREHOLDER OF AD PROCESS PRINTERS PRIVATE LIMITED, ALL ARE R/AT FLAT NO.7, MUSVEE RESIDENCY, NO.23, HALL ROAD, RICHARDS TOWN, NEAR RICHARDS PARK, BENGALURU 560 005. …PETITIONERS (BY SRI. DEEPAK BHASKAR, ADVOCATE) AND: 1. NATIONAL COMPANY LAW TRIBUNAL, THROUGH ITS REGISTRAR, CORPORATE BHAWAN, 12TH FLOOR, RAHEJA TOWERS M.G. ROAD, BENGALURU 560 001. 2. AD PROCESS PRINTERS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT 1956 Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27864 WP No. 15638 of 2022 HAVING ITS REGISTERED ADDRESS AT NO.11, 1ST MAIN, PALACE GUTTAHALLI, BENGALURU 560 003, THROUTH ITS DIRECTORS. 3. MR. AZFAL AHMED DIRECTOR AND SHAREHOLDER OF AD PROCESS PRINTERS PRIVATE LIMITED HAVING ADDRESS AT NO.10, FIRST MAIN, ITI LAYOUT BENSON TOWN POST BENGALURU 560 046. 4. MR. TARIQ AHMED DIRECTOR AND SHAREHOLDER OF AD PROCESS PRINTERS PRIVATE LIMITED HAVING ADDRESS AT NO.10, FIRST MAIN, ITI LAYOUT BENSON TOWN POST, BENGALURU 560046. 5. MS. FARAH AFZAL DIRECTOR AND SHAREHOLDER OF AD PROCESS PRINTERS PRIVATE LIMITED HAVING ADDRESS AT NO. 10, FIRST MAIN, ITI LAYOUT BENSON TOWN POST BENGALURU 560 046. 6. MS. SANYA AHMED AFZAL DIRECTOR OF AD PROCESS PRINTERS PRIVATE LIMITED HAVING ADDRESS AT NO.12, FIRST FLOOR, FIRST MAIN, JAYAMAHAL, BENGALURU 560 046. 7. MR. MAQSOOD AHMED SHAREHOLDER OF AD PROCESS PRINTERS PRIVATE LIMITED, HAVING ADDRESS AT FLAT NO.102, SHINE APARTMENTS, 4TH MAIN S.K. GARDEN, BENSON TOWN POST BENGALURU - 560 046. 8. MR. SHAKEEEL UR RAHMAN SHAREHOLDER OF AD PROCESS PRINTERS PRIVATE LIMITED, HAVING OFFICE AT NO.11, 1ST MAIN, PALACE GUTTAHALLI, BENGALURU 560 003. - 3 - HC-KAR NC: 2025:KHC:27864 WP No. 15638 of 2022 9. 10. M/s R K KUMAR AND ASSOCIATES THROUTH ITS PROPRIETOR MR SATHISH AITHAL N G., HAVING ADDRESS AT NOS.8 AND 9, VARASIDDHI 1ST 'A' MAIN RAOD, LINGADHEERANAHALLI PAVAMANAPURA LAYOUT, 2ND BLOCK BENGALURU - 560 109. UNION OF INDIA, MINISTRY OF CORPORATE AFFAIRS, REP BY THE SECRETARY, GOVERNMENT OF INDIA, NEW DELHI. …RESPONDENTS (BY SRI SHANTHI BHUSHAN H., ADVOCATE FOR R1 & R10; SRI P. USMAN, ADVOCATE FOR R2 TO R7; SMT. GANGA BAI V., ADVOCATE FOR R9; R8 - SERVED) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT TO THE HON'BLE NATIONAL COMPANY LAW TRIBUNAL AT BENGALURU THROUGH ITS REGISTRAR TO HEAR, CONSIDER AND EXPEDITIOUSLY DISPOSE OF, IN A TIME BOUND MANNER, INTERLOCUTORY APPLICATION NO.6/2022 FOR APPOINTMENT OF INDEPENDENT AUDITOR VIDE ANNEXURE-A. DIRECT TO THE HONBLE NATIONAL COMPANY LAW TRIBUNAL AT BENGALURU THROUGH ITS REGISTRAR TO HEAR, CONSIDER AND EXPEDITIOUSLY DISPOSE OF, IN A TIME BOUND MANNER, INTERLOCUTORY APPLICATION NO.7/2022 FOR STAY OF THE IMPUGNED RESOLUTIONS DATED 30.09.2021, 05.10.2021, 01.10.2021 AND 19.10.2021 VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV - 4 - HC-KAR NC: 2025:KHC:27864 WP No. 15638 of 2022 ORAL ORDER The petitioners have sought for issuance of Writ in the nature of Mandamus to the NCLT to hear, consider and expeditiously dispose off interlocutory application No.6/22 for appointment of independent auditor. 2. Similar relief is sought for disposal of I.A.No.7/22. Certain interim relief was prayed for in the interregnum. 3. This Court while entertaining the matter, on 17.08.2022 had granted relief of interim order as prayed for. Said order was challenged before the Division Bench of this Court and the matter came to be remitted reserving liberty to the respondents to file an application for vacation of the interim order. 4. Learned counsel for the respondents would submit that the interim order was granted by the NCLT and said interim order was modified by an interim order passed by this Court. 5. Various contentions have been urged stating that the proceedings before the NCLT ought not to be interdicted by - 5 - HC-KAR NC: 2025:KHC:27864 WP No. 15638 of 2022 proceedings before this Court. A reference is made to other orders passed. 6. The respondents have filed statement of objections dated 03.07.2025 and enclosed the orders passed by the Coordinate Bench as well as the NCLT. 7. Needless to state the matter need not engage the attention of this Court, as it is submitted that the proceedings are still pending before the NCLT. The petitioners are relegated to NCLT to work out their remedies. IAs No.6/22 and 7/22 are stated to be still pending and the NCLT is directed to dispose off the same expeditiously. 8. All contentions of the petitioners are kept open. 9. The interim order passed by this Court would be extended for a period of three weeks. The extension of such interim order must not be considered to be an order passed on the basis of adjudication on merits of the matter and is only to facilitate the petitioners to avail appropriate remedy before the NCLT. Upon lapse of such time, interim protection granted - 6 - HC-KAR NC: 2025:KHC:27864 WP No. 15638 of 2022 would cease to continue. Accordingly, the petition is disposed off. 10. Needless to state the NCLT is not influenced by the observations made by the orders or in the order granting limited protection. Sd/- (S SUNIL DUTT YADAV) JUDGE PSG List No.: 1 Sl No.: 28