- 1 - HC-KAR NC: 2026:KHC:31783 WP No. 11001 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 11001 OF 2024 (GM-RES) BETWEEN: SRM POWER PVT LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT NO.105, R.RTAKT BOOPASANDRA MAIN ROAD BENGALURU-560 094 REPRESENTED HEREIN BY ITS DIRECTOR AND AUTHORIZED REPRESENTATIVE MR. RAJGOPAL SHANKARLAL GILADA …PETITIONER (BY SRI. SRINIVASA RAGHAVAN, SENIOR COUNSEL FOR SRI. GURU PRASAD C REDDY, ADVOCATE) AND: 1. UNION OF INDIA MINISTRY OF CORPORATE AFFAIRS A WING, SHASTRI BHAWAN RAJENDRA PRASAD ROAD NEW DELHI 110 001 REPRESENTED BY THE CHIEF SECRETARY 2. OFFICE OF THE REGIONAL DIRECTOR SOUTH EAST REGION REPRESENTED BY THE JOINT DIRECTOR RD (SER), 3RD FLOOR Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31783 WP No. 11001 of 2024 CORPORATE BHAVAN NEAR CENTRAL GROUND WATER BOARD BANDALAGUDA, THATTI ANNARAM VILLAGE HAYATH NAGAR MANDAL NAGOLE, HYDERABAD-500 068 3. SAHYADRI RENEWABLE ENERGY PVT LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.303 ELPHINSTON HOUSE NO.17 MARZBUN ROAD, MUMBAI-400 001 REPRESENTED HEREIN BY ITS AUTHORIZED REPRESENTATIVE …RESPONDENTS (BY SRI. ARAVIND KAMATH, ASG A/W SRI. ADITYA SINGH, CGC FOR R1 & R2; VIDE ORDER DATED 17.07.2025 NOTICE TO R3 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION QUASHING THE ORDER DATED 15.07.2022 BEARING REFERENCE NO.3/KAR/CP NO.32/RD (SER)/CAA- 11/233/2020/2119/A PASSED BY THE RESPONDENT NO.2 PRODUCED AT ANNEXURE-A AND ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION QUASHING THE ORDER DATED 12.04.2023 BEARING REFERENCE NO.3/KAR/32/SEC 233 OF CA 2013/RD (SER)/2020/309 PASSED BY THE RESPONDENT NO.2 PRODUCED AT ANNEXURE-B AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:31783 WP No. 11001 of 2024 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs: " (A) Issue a writ of certiorari or any other writ, order or direction quashing the Order dated 15.07.2022 bearing Reference No. 3 /Kar/CP. No. 32/ RD (SER) / CAA11/233/2020 / 2119 / A passed by the Respondent No.2 produced at Annexure - A; (B) Issue a writ of certiorari or any other writ, order or direction quashing the Order dated 12.04.2023 bearing Reference No. 3/Kar/32/Sec 233 of CA 2013 / RD (SER) / 2020 / 309 passed by the Respondent No. 2 produced at Annexure - B; (C) Direct the Respondent No.2 to consider and deal with the Scheme of Amalgamation between the Petitioner and Respondent No. 6 in C. P. No. 32 / KAR / 2020 / Sec. 233 of CA 2013 / RD (SER), in accordance with law; and, (D) Pass such other order or orders as deemed fit in the facts and circumstances of the case; -in the interests of justice and equity." 2. The submission of Sri. Srinivasa Raghavan, learned Senior Counsel appearing for the petitioner is that the impugned order at Annexure-A dated 15.07.2022 has been passed without consideration of the - 4 - HC-KAR NC: 2026:KHC:31783 WP No. 11001 of 2024 explanation which had been offered by the petitioner on 21.10.2021 at Annexure-S. His submission is that the petitioner had answered the queries of the respondent on 21.10.2021 at Annexure-S, which was replied to by respondent No.2 on 19.01.2022, which was again replied to by the petitioner on 04.03.2022 at Annexure-V, and further clarification had been submitted on 14.11.2022 at Annexure-W. 3. Heard Sri.Srinivasa Raghavan, learned Senior Counsel for the petitioner and Sri. Aravind Kamath, learned ASG along with Sri.Aditha Sondhi, for respondent Nos.1 and 2. 4. Insofar as Annexure-W is concerned, I am unable to accept the submission of the learned Senior Counsel for the petitioner, inasmuch as the said representation was submitted post the impugned order passed on 15.07.2022. - 5 - HC-KAR NC: 2026:KHC:31783 WP No. 11001 of 2024 5. However, a perusal of the order dated 15.07.2022 does not indicate any consideration of the earlier replies which had been issued by the petitioner. 6. In that view of the matter, in the interest of justice, this Court is of the considered opinion that the impugned order could be set aside and matter be remitted to the respondents for fresh consideration of the representations submitted by the petitioner and to consider the aforesaid documents and any other documents that the petitioner may wish to rely upon. 7. In that background, this Court passes the following: ORDER (i) Writ petition is allowed. (ii) A certiorari is issued to the order dated 15.07.2022 at Annexure-A and the consequent direction dated 12.04.2023 at Annexure-B are set aside. (iii) The matter is remitted to the second respondent to consider the aforesaid - 6 - HC-KAR NC: 2026:KHC:31783 WP No. 11001 of 2024 replies which had been submitted by the petitioner and any other documents which would be submitted by the petitioner on or before 03.07.2026 and thereafter, pass necessary orders in accordance with law within a period of 30 days from the date of receipt of those documents. Sd/- (SURAJ GOVINDARAJ) JUDGE DL List No.: 1 Sl No.: 30