GULAM MUSTAFA ENTERPRISES PVT LTD., v. PIRAMAL ENTERPRISES LTD
WP/16073/2026 · 2026-06-18
Suraj Govindaraj
body2026
DailyLaw.ai
[ 2026 DAILYLAW 23188 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 23188 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:30045 WP No. 16073 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 16073 OF 2026 (GM-RES) BETWEEN:
1.
GULAM MUSTAFA ENTERPRISES PVT LTD., A COMPANY INCORPORATED UNDER THE PROVISION OF THE COMPANIES ACT, HAVING REGISTERED OFFICE AT:
NO. 6, GM PEARL, I STAGE, I PHASE, BTM LAYOUT, BENGALURU- 560 068 REPRESENTED BY ITS DIRECTOR AND AUTHORIZED SIGNATORY SRI. GULAM MUSTAFA … PETITIONER (BY SRI. D.R. RAVISHANKAR, SENIOR ADVOCATE FOR SRI VIGNESH S. SHETTY, ADVOCATE)
AND:
1.
PIRAMAL ENTERPRISES LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT 2013, W/A PIRAMAL ANANTA, AGASTYA CORPORATE PARK, OFF, FIRE BRIGADE, KAMANI JUNCTION, LBS MARG, KURLA (WEST) MUMBAI - 400 070 REPRESENTED BY ITS AUTHORISED SIGNATORY … RESPONDENT (BY SRI. DHYAN CHINNAPPA, SENIOR ADVOCATE AND SRI VIKRAM HUILGOL, SENIOR ADVOCATE FOR SRI VAKITI VINEETH REDDY, ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 18.02.2026 PASSED BY THE LD. NCLT IN CP (IB) NO. 48/BB/
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:30045 WP No. 16073 of 2026
2023 ON RESTORATION APPLICATION NO. 02 OF 2025 WHICH WAS UPLOADED ON THE NCLT WEBSITE ON 22.05.2026 AT ANNEXURE R AND CONSEQUENTLY DISMISS THE SAID APPLICATION AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, 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. Set aside the Order dated 18.02.2026 passed by the Ld. NCLT in CP (IB) No.48/BB/2023 on Restoration Application No.02 of 2025 which was uploaded on the NCLT website on 22.05.2026 at Annexure R and consequently dismiss the said application.
b. Set aside the Order dated 26.05.2026 dismissing the I.A. No.1088 of 2025 passed by the Ld. NCLT in CP (IB) No.48/EBN/2023. The non-upload of the
order is evidenced at Annexure T.
c. Direct the Ld NCLT to hear the I.A. No.1088 of 2026 before proceeding to hear any other application in CP (IB) No.48 of 2023 marked as Annexure-N.
d. Any Such order/s that this Hon'ble Court may deem fit in the interest of justice and equity.
2. The grievance of the petitioner is that the order dated 18.02.2026 of the National Company Law Tribunal (NCLT), Bengaluru Branch, had been
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HC-KAR NC: 2026:KHC:30045 WP No. 16073 of 2026
uploaded only on 22.05.2026. However, the NCLT continued with the proceedings depriving the petitioner of an opportunity to challenge the said
order dated 18.02.2026.
3. His submission is also that an order has been passed by the NCLT on 26.05.2026, dismissing I.A.No.1088/2025 filed by the petitioner in CP(IB).No.48/BB/2023, whose application had been filed, which was uploaded on 04.06.2026.
4. His submission is that on earlier occasion when the
order was passed on 18.02.2026 the petitioner continued to wait for the uploading of the order, but this time, even though the order was passed on 26.05.2026, apprehending that the order will be uploaded at a later point of time, the above writ petition had been filed on 27.05.2026 only enclosing the print out of the case status from the NCLT website.
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HC-KAR NC: 2026:KHC:30045 WP No. 16073 of 2026
5. The above petition is filed challenging an order passed by the NCLT is not maintainable inasmuch as there is an appellate remedy provided to the NCLAT under Section 14 of the Insolvency and Bankruptcy Code, 2016. The statutory remedy of appeal would have to be availed of by the petitioner rather than approaching this Court by way of a writ petition.
6. However, in the peculiar facts of the case, taking into
consideration that the order dated 18.02.2026 was uploaded on 22.05.2026 and the order dated 26.05.2026 was uploaded on 04.06.2026, but still the proceedings before the NCLT continued, depriving the petitioner of the opportunity of availing the appellate remedy immediately, this Court is of the considered opinion that at least now an opportunity would have to be granted to the petitioner to file necessary appeal before the NCLAT.
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HC-KAR NC: 2026:KHC:30045 WP No. 16073 of 2026
7. Sri D.R.Ravishankar, learned Senior counsel submits that the said appeal would be filed on or before
30.06.2026.
8. In view of the said submission, the NCLAT is restrained from going ahead with the proceedings till 30.06.2026 subject to the orders passed by the NCLAT.
Sd/- (SURAJ GOVINDARAJ) JUDGE
KTY List No.: 2 Sl No.: 3