- 1 - HC-KAR NC: 2025:KHC:54731 WP No. 37828 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 37828 OF 2025 (GM-RES) BETWEEN: PHOENIX ARC PRIVATE LIMITED ACTING IN CAPACITY AS TRUSTEES OF PHONEIX TRUST FY 24-5 BEING A PRIVATE ILMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT 3RD FLOOR WALLACE TOWERS 139/140/B/1 CROSSING OF SAHAR ROAD AND WESTERN EXPRESS HIGHWAY VILE PARLE EAST MUMBAI MAHARASHTRA 400057 REP BY AUTHORISED REPRESENTATIVE PRIYANKA POL …PETITIONER (BY SRI. MOHAMMED SHAMEER., ADVOCATE) AND: 1. UNION OF INDIA THE SECRETARY MINISTRY OF CORPORATE AFFAIRS HAVING ITS OFFICE AT 5TH FLOOR A-WING, SHASTRI BHAWAN NEW DELHI 110001. 2. THE REGISTRAR NATIONAL COMPANY LAW TRIBUNAL BENGALURU BENCH, HAVING ITS ADDRESS AT 12TH FLOOR, RAHEJA TOWERS M.G. ROAD, BENGALURU - 560001. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54731 WP No. 37828 of 2025 3. SAGAR LIMITED (DANDELA) POWER A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO. 48, HITANANDA II, LAVELLE ROAD BENGALURU - 560001. 4. BHORUKA POWER CORPORATION LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO. 48, HITANANDA II, LAVELLE ROAD BENGALURU - 560001. …RESPONDENTS (BY SRI.ARAVIND KAMATH, ASGI, FOR SRI M N KUMAR, FOR R1 AND R2: NOTICE TO R3 TO R4 ARE DISPENSED WITH V/O DATED: 15.12.2025) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE NATIONAL COMPANY LAW TRIBUNAL, BENGALURU BENCH TO FORTHWITH ISSUE, PUBLISH, RELEASE, UPLOAD AND MAKE AVAILABLE THE WRITTEN AND SIGNED ORDERS PASSED IN IA NO. 217 OF 2025 (VIDE ANNEXURE- C) IN C.P. (IB) NO. 187 OF 2024 AND IN IA NO. 218 OF 2025 (VIDE ANNEXURE -D) IN C.P. (IB) NO. 188 OF 2024, WHICH WERE ORALLY PRONOUNCED ON 29 JULY 2025, EXPEDITIOUSLY AND IN ANY EVENT WITHIN A PERIOD OF ONE WEEK FROM THE DATE OF THE ORDER OF THIS HONBLE COURT AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ of mandamus, or any other appropriate writ, order or direction in the like nature of writ of - 3 - HC-KAR NC: 2025:KHC:54731 WP No. 37828 of 2025 mandamus or otherwise directing the National Company Law Tribunal, Bengaluru Bench to forthwith issue, publish, release, upload and make available the written and signed orders passed in IA No. 217 of 2025 (vide Annexure C) in C.P. (IB) No. 187 of 2024 and in IA No. 218 of 2025 (vide Annexure D) in C.P. (IB) No. 188 of 2024, which were orally pronounced on 29 July 2025, expeditiously and in any event within a period of one week from the date of the order of this Hon'ble Court; b. Issue a writ of mandamus, or any other appropriate writ, order or direction in the nature of mandamus or otherwise, directing the Registry of the National Company Law Tribunal, Bengaluru Bench, to forthwith make available to the Petitioner certified copies of the written and signed orders passed in IA No. 217 of 2025 (vide Annexure C) in C.P. (IB) No. 187 of 2024 and in IA No. 218 of 2025 (vide Annexure D) in C.P. (IB) No. 188 of 2024, which were orally pronounced on 29 July 2025, upon its issuance/ publication; c. Grant any such other or further reliefs, as this Hon'ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity, 2. An affidavit of the Deputy Registrar, NCLT has been filled which reads as under; AFFIDAVIT I, Smt.Meghana V.R., daughter of M.Ramachandran Nair, aged about 53 years, resident of Bengaluru, do hereby solemnly affirm and state that; 1. I am the Deputy Registrar, NCLT, Bengaluru. I am responsible for the administration of the NCLT, Bengaluru. I am conversant with the facts of the case. 2. M/s. Phoenix ARC Private Limited is the Petitioner in proceedings bearing CP(IB) No.187/BB/2024 and CP(IB) No.188/BB/2024. In the said proceedings I.A. - 4 - HC-KAR NC: 2025:KHC:54731 WP No. 37828 of 2025 No.217/2025 and I.A.No.218/2025 were filed under Section 33 of the Karnataka Stamp Act and Section 60(5) of the IBC seeking certain relief. The matter was heard by the NCLT on 21/07/2025 and was posted for orders. Thereafter, on 29/07/2025 the Order was orally pronounced. 3. The said order was released and uploaded on the portal of NCLT on 15/12/2025. Copy of the orders and the extract from NCLT site showing the date of uploading of orders 15/12/2025 are enclosed as Annexures R1, R2, R3 and R4 respectively. 4. The Petitioner had filed the above Writ Petition seeking a direction to forthwith issue, publish, release, upload and make available the above said order, and to make available certified copies of the aforesaid order. The Registrar, NCLT, Bengaluru is arrayed as Respondent No.2 in the above Petition. 5. On behalf of NCLT, Bengaluru Bench, I sincerely regret the inconvenience caused to party due to the delay in releasing, uploading and making available the copy of aforesaid order. 6. The Government has provided e-filing portal for NCLT. Currently, in the said system, there is no provision for timestamping the uploaded documents on the portal, where public can view uploaded orders by going to Case history link provided in the NCLT website, although date can be ascertained by the Stake holders by searching the case history in the E- filing portal. Sworn on this the Eighteenth day of December, 2025 at Bengaluru. 3. The Deputy Registrar, National Company Law Tribunal, submits that there was a delay in the release of, uploading, and making available a copy of the order. It is stated that the order has since been - 5 - HC-KAR NC: 2025:KHC:54731 WP No. 37828 of 2025 uploaded on the official portal and is presently available for download. 4. Learned counsel for the petitioner submits that she has received a copy of the order and would be taking appropriate steps in accordance with law. 5. In view of the above development, the immediate grievance of the petitioner stands redressed and the petition is accordingly disposed of. 6. Notwithstanding the disposal of the petition, in the present era of digital court/tribunal functioning, the electronic uploading of judicial/quasi-judicial orders is not a matter of administrative convenience, but an essential facet of access to justice, procedural fairness, and institutional transparency. 7. Under the e-Courts framework and prevailing digital governance norms, timely uploading of orders, accompanied by a clear, accurate, secure, and verifiable date-and-time stamp, is integral to ensuring legal certainty. Any systemic delay, - 6 - HC-KAR NC: 2025:KHC:54731 WP No. 37828 of 2025 ambiguity, or inconsistency in the electronic publication of orders has the potential to prejudice litigants, affect limitation periods, impede enforcement of rights, and erode confidence in judicial and quasi-judicial institutions. 8. I’am, therefore, of the view that compliance with digital governance standards in relation to uploading of orders is not merely an administrative obligation, but forms an intrinsic part of the judicial function itself. 9. Accordingly, notwithstanding the disposal of the petition, the matter shall be re-listed on 28.01.2026 to enable the respondents to place on record a status report indicating: 9.1. Whether a uniform and system generated date and time stamp methodology for uploading orders has been implemented; - 7 - HC-KAR NC: 2025:KHC:54731 WP No. 37828 of 2025 9.2. The technical architecture governing such methodology, including safeguards against post-upload alteration; and 9.3. The timeline for its full operationalisation, if the same has not yet been implemented. 9.4. Every final order and significant interim order is uploaded within a reasonable and prescribed timeframe; 9.5. Such uploading carries a uniform, immutable, and verifiable system generated date and time stamp; and 9.6. Where the date of pronouncement and the date of upload differ, both dates are clearly reflected on the digital record. 10. Any systemic deficiency in the above regard has the potential to undermine transparency and effective access to justice. Authorities are, therefore, expected to adopt and implement appropriate digital protocols - 8 - HC-KAR NC: 2025:KHC:54731 WP No. 37828 of 2025 consistent with the objectives of the e-Courts initiative and contemporary standards of digital governance. 11. The respondents shall ensure that an officer duly authorised and conversant with the digital systems and e-governance framework of the Tribunal remains present on the said date, to assist the Court, if required. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 37