- 1 - HC-KAR NC: 2026:KHC:34437 W.P. No.2525/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.2525/2022 (GM-CPC) BETWEEN: M/S UNIVERSAL POWER TRANSFORMERS PRIVATE LIMITED REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT 26/A, II PHASE, PEENYA INDUSTRIAL AREA BANGALORE-560058 REP. BY ITS MANAGING DIRECTOR MR. DHRUVA TALWALKAR. PURSUANT TO THE ORDER DATED 11-10-2018 PASSED BY THE NATIONAL COMPANY LAW TRIBUNAL. …PETITIONER (BY SRI. AJESH KUMAR S, ADV.,) AND: M/S SENAPATHY WHITELEY PVT. LTD. “CASAFINA”, NO.5 PRIMOSE ROAD BENGALURU-560025 REPRESENTED BY ITS FINANCE MANAGER. …RESPONDENT (BY SRI. V. LAKSHMAIAH, ADV.,) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 29TH OCTOBER 2021 PASSED BY THE XIV ADDL. CITY CIVIL JUDGE AND THE CONCURRENT CHARGE OF THE XXXVIII ADDL. CITY CIVIL JUDGE, BENGALURU (CCH-28 & CCH-39) IN ALLOWING THE SUIT O.S.NO.1785/2017 WITH COSTS AS PER ANNEXURE-A & ETC. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34437 W.P. No.2525/2022 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed seeking the following reliefs: (a) Issue a Writ of Certiorari or any other appropriate writ, direction or order to quash the Order dated 29th October 2021 by the XIV Addl. City Civil Judge & the Concurrent Charge of the XXXVIII Addl. City Civil Judge, Bengaluru (CCH-28 & CCH-39) in allowing the Suit O.S.No.1785/2017 with costs as per Annexure-A, (b) To grant such other relief/s as the Hon’ble Court may deem fit to grant under the circumstances of the case, in the interest of justice and equity.” 2. Learned counsel for the petitioner, after arguing the matter for some time, seeks leave of the Court to withdraw the writ petition with the liberty to oppose the execution proceedings by contending that the judgment and decree dated 29.10.2021 passed in O.S.No.1785/2017 by the trial Court is unenforceable in view of the subsequent event, more particularly, the proceedings - 3 - HC-KAR NC: 2026:KHC:34437 W.P. No.2525/2022 before the National Company Law Tribunal (‘NCLT’) under the provisions of the Insolvency and Bankruptcy Code, 2016. 3. In view of the aforesaid submission, the writ petition is disposed of as withdrawn with the liberty as sought for. 4. The contention with regard to the maintainability of the execution proceedings is kept open and the executing Court shall consider the same first and proceed further. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 32