Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:13446 WP No. 6357 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 6357 OF 2026 (GM-RES) BETWEEN:
MR. RAMESH L JARKIHOLI, S/O LAXMAN JARKIKHOLI, AGED ABOUT 66 YEARS, RESIDING AT NO. 211/2B, FALLS ROAD, GOKAK, BELGAVI, KARNTAKA - 591 307. …PETITIONER (BY SRI. ADITH S JAHGIRDAR, ADVOCATE) AND:
1.
THE REGISTRAR, NATIONAL COMPANY LAW TRIBUNAL, BANGALORE BENCH, RAHEJA TOWERS, VITTAL MALLYA ROAD, KG HALLI ASHOK NAGAR, BANGALORE - 560 001.
2.
KARNATAKA STATE CO-OPERATIVE APEX BANK LIMITED, REGISTERED UNDER THE PROVISIIONS OF THE MYSORE CO-OPERATIVE SOCIETIES ACT 1905, HAVING ITS REGISTERED OFFICE AT Digitally signed by CHAITHANYA K Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:13446 WP No. 6357 of 2026 UTHUNGA, NO. 1 PAMPA, MAHAKAVI ROAD, CHAMRAJPET, BANGALORE - 560 018.
REPRESENTED BY ITS CHIEF GENERAL MANAGER, MRS MANGALA H NAYAK,
3.
RATNAKAR SHETTY, S/O CHIKKAYYA SHETTY, AGED ABOUT 44 YEARS, RESOLUTION PROFESSIONAL HAVING REGISTRATION NO: IBBI/IPA-001/IP-P01630/2019-2020/12718, HAVING OFFICE AT NO. 16, LEVEL 3, 7TH CROSS, SAMPIGE ROAD, OPPOSITE YES BANK, MALLESHWARAM, BANGALORE - 560 003. …RESPONDENTS
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE AND CONSEQUENTIALLY QUASH THE ORDER DATED 19.12.2023 OF THE HONBLE NATIONAL COMPANY LAW TRIBUNAL, BENGALURU BENCH IN C. P. (IB) NO. 02/BB/2023 ANNX-C AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
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HC-KAR NC: 2026:KHC:13446 WP No. 6357 of 2026 ORAL ORDER
Learned counsel appearing for the petitioner has placed on record a memo dated 05.03.2026 bringing certain subsequent developments to the notice of this Court. It is indicated in the said memo that the subject matter involved in the present writ petition is presently seized of by the National Company Law Tribunal (for short,
“NCLT”). It is further stated that in respect of identical matters arising out of the affairs of the very same company, involving other directors, the Co-ordinate Benches of this Court have already disposed of similar writ petitions by reserving liberty to the concerned directors to approach the NCLT by filing appropriate applications seeking necessary reliefs.
2. Taking note of the said memo and having regard to the orders passed by the Co-ordinate Benches of this Court in similar matters pertaining to the same company, this Court is of the considered view that no further
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HC-KAR NC: 2026:KHC:13446 WP No. 6357 of 2026 adjudication is required in the present writ petition at this stage. Since the competent forum presently seized of the matter is the NCLT, it would be appropriate to relegate the petitioner to avail the remedy before the said Tribunal.
3. Accordingly, the present writ petition stands
disposed of reserving liberty to the petitioner to approach the National Company Law Tribunal by filing an appropriate application, if not already filed, seeking such reliefs as are available in law.
4. If such an application is filed by the petitioner, the NCLT shall consider and decide the same on its own merits and in accordance with law. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 20