- 1 - HC-KAR NC: 2026:KHC:33040 WP No. 11400 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 11400 OF 2026 (GM-CPC) BETWEEN: 1. M/S SRI SHAILA TRADERS PARTNERSHIP FIRM BY ITS PARTNERS BY NAME MANJUNATH @ MANJU S/O RAJAPPA, AGED ABOUT 38 YEARS 2. PARTNER SRI SHSILA TRADERS, PUSHPALATHA W/O MANJUNATHA, AGED ABOUT 32 YEARS, 3. M/S SRI SHAILA AGENCIES, REPRESENTED BY ITS PROPRETAR BY NAME MANJUNATH @ MANJU AGED ABOUT 38 YEARS, S/O RAJAPPA, E AND F BLOCK, R.M.C YARD, CHITRADURGA TOWN - 577 501 4. SMT SHIVALEELA R.H W/O RAJAPPA, AGED ABOUT 66 YEARS, OCC. HOUSE WIFE, NOW AT R/O MAHAVEERNAGAR, CHITRADURGA TOWN - 577 501 …PETITIONERS (BY SRI. KANTHARAJAPPA M.G., ADVOCATE) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33040 WP No. 11400 of 2026 AND: 1. SRI S L PANCHAKASHARI S/O LINGAIAH, AGED ABOUT 57 YEARS, R/O SIREGERE VILLAGE, BHARAMASAGARA HOBLI, CHITRADURGA TALUK - 577 501. 2. BASAVARAJ M. S/O MARULASIDDAPPA, AGED ABOUT 45 YEARS, OCC.: BUSINESS AND AGRICULTURIST, R/O SIRIGERE VILLAGE, BHARAMASAGARA HOBLI CHITRADURGA TALUK - 577 501 3. NAGARAJ S/O THIPPESWAMY AGE ABOUT 45 YEARS AGRICULTURIST R/A KOLAHALL VILLAGE BHARAMASAGARA HOBLI CHITRADURGA TALUK - 577 501 4. SHARANAPPA, PM, S/O POOJARIMALLAPPA, AGED ABOUT 62 YEARS, MAIGE BUSINESS AND AGRICULTURIST, R/O YALAGODU, ADVIGOLLARAHALLI VILLAGE, BHARAMASAGARA HOBLI, CHITRADURGA TALUK - 577 501. 5. PRAKASH T S/O THIPPERUDRAPPA, - 3 - HC-KAR NC: 2026:KHC:33040 WP No. 11400 of 2026 AGED ABOUT 52 YEARS, R/O ANNE HALL VILLAGE, KASABA HOBLI, CHITRADURGA TALUK. 6. KANTHARAJ C. AGED ABOUT 54 YEARS, R/O ANNE HALL VILLAGE, KASABA HOBLI, CHITRADURGA TALUK - 577 501. 7. VIJAY KUMAR, S/O RAMAPPA, AGED ABOUT 66 YEARS, R/AT HIREBENNURU VILLAGE, CHITRADURGA TALUK - 577 501. 8. R N VENUGPAL, S/O ROYAL NARAYANAREDDY AGED ABOUT 58 YEARS, OCC. BUSINESS, R/O HALEDYAMAVVANAHALLI, KASAVARAHATTI VILLAGE, CHITRADURGA TALUK - 577 501. 9. K.R.MANJUNATHAREDDY, S/O H.K. RAMA REDDY, AGED ABOUT 55 YEARS, OCC. ONION BUSINESS, R/O DYAMAVVANAHALLI, KASAVARAHATTI VILLAGE, CHITRADURGA TALUK - 577 501. 10. V.R.THIPPESWAY, S/O RAMAPPA, - 4 - HC-KAR NC: 2026:KHC:33040 WP No. 11400 of 2026 AGED ABOUT 55 YEARS, OCC. AGRICULTURIST AND BUSINESS, BYDARASHIVANAKERE VILLAGE, BHARAMASAGARA HOBLI, CHITRADURGA TALUK - 577 501. 11. T.R. ANIL, S/O. V.R. THIPPESWAMY AGED ABOUT 33 YEARS, OCC. BUSINESS, S/O VR THIPPESWAMY. BYDARASHIVANAKERE VILLAGE, BHARAMASAGARA HOBLI, CHITRADURGA TALUK - 577 501. 12. N.C. SUDHIR, S/O CHANDRASHEKRAPPA, AGED ABOUT 42 YEARS, HIRIYUR VILLAGE, HOLALKERE TALUK - 577 599 13. M/S BEERALINGESWARA AGENCIES, RMC YARD, BY ITS PARTNERS SHIVAKUAMR S/O SHAKRAPPA, AGE. MAJORS, R/O BEERALINGESWARA NILAYA, 2ND MAIN ROAD, VIDYANAGARA, CHITRADURGA TOWN - 577 501 14. K. MALLAMMA, W/O SAKRAPPA, AGE. MAJORS, RESPONDENTS NO.13 AND 14 ARE - 5 - HC-KAR NC: 2026:KHC:33040 WP No. 11400 of 2026 R/O BEERALINGESWARA NILAYA, 2ND MAIN ROAD, VIDYANAGARA, CHITRADURGA TOWN - 577 501. 15. ICICI BANK EUREKA JUNCTION, TRAVELLERS BENGLOW ROAD, DESHPANDENAGAR, HUBALI, PIN - 580 029 16. ICICI BANK PB ROAD, NEAR SBI BANK, CHITRADURGA TOWN - 577 501 17. KOTAKMAHINDRA BANK G6 AND 7, SATELLITE COMPLEX, KOPPIKAR ROAD, HUBBLI, PIN 580 020. 18. AXIS BANK 2ND, KALBURGIPLAZA, DESHPANDENAGARA, SQUARE DESAI CROSS, HUBALI PIN 580 029. 19. CHOLAMANDARAM INVESTMENT AND FINANCE CO LTD., 1ST FLOOR, DOOR NO.63, P.J. EXTENSION, 2ND MAIN ROAD, AKKAMAHADEVI ROAD, DAVANAGERE CITY PIN - 577 002. - 6 - HC-KAR NC: 2026:KHC:33040 WP No. 11400 of 2026 20. BAJAJ FINSERV DOOR NO 822, 2ND FLOOR, VISHAL ARCADE, PB ROAD, JAYACHAMARAJAWODEYAR DAVANAGERE CITY PIN - 577 002 21. IIFL FINANCE., NO.39, 1ST FLOOR, SHARARI BUILDING, OUTER RING ROAD, NEAR KARNATAKA BANK, HBR LAYOUT, 4TH BLOCK, MARATHALLI, BENGALURU - 560 037. 22. FULLERTON INDIA CREDIT CO. LTD., 2ND FLOOR, G MURALI COMPLEX, MANGAMANMNAPALYA, BOMMANAHALLI, BENGALURU - 560 068, 23. LENDING KART, 10TH FLOOR, SOUTH TOWER, VAISHAVI TECH PARK, SARJAPUR MAIN ROAD, BELLANURU, BENGALURU - 560 103. 24. SRINIVASA ENTERPRISES REPRESENTED BY ITS AUTHORIZED SIGNATORY KRISHNA REDDY, RMC YARD, E AND F BLOCK, CHITRADURGA TOWN - 577 501. 25. S.R.S. TRADING COMPANY, REPRESENTED BY ITS AUTHORIZED SIGNATORY - 7 - HC-KAR NC: 2026:KHC:33040 WP No. 11400 of 2026 BHAGERATHA THIMMA REDDY, RMC YARD, E AND F BLOCK, CHITRADURGA TOWN - 577 501. 26. RAJEEV TRADING COMPANY, REPRESENTED BY ITS AUTHORIZED SIGNATORY RAJEEV, RMC YARD, 'A' BLOCK, CHITRADURGA TOWN - 577 501 27. BTR AND SONS, REPRESENTED BY ITS AUTHORIZED SIGNATORY BT THIMMA REDDY, RMC YARD, 'A' BLOCK, CHITRADURGA TOWN - 577 501 28. ASWANI TRADING COMPANY, REPRESENTED BY ITS AUTHORIZED SIGNATORY RAVI KUMAR REDDY, RMC YARD, 'A' BLOCK, CHITRADURGA TOWN - 577 501. 29. SANTHOSH TRADING COMPANY, REPRESENTED BY ITS AUTHORIZED SIGNATORY SANTHOSH, RMC YARD, 'A' BLOCK, CHITRADURGA TOWN - 577 501 30. PARASHIVA PADMAVATHI INDUSTRIES, REPRESENTED BY ITS AUTHORIZED, SIGNATORY PRAVEEN KUMAR, RMC YARD, A BLOCK, CHITRADURGA TOWN - 577 501. 31. SRINIVASA AGENCIES, REPRESENTED BY ITS AUTHORIZED SIGNATORY THIMMARAJU REDDY, RMC YARD, E AND F BLOCK, CHITRADURGA TOWN - 577 501. - 8 - HC-KAR NC: 2026:KHC:33040 WP No. 11400 of 2026 32. VAJRESHWARI TRADING, REPRESENTED BY ITS AUTHORIZED, SIGNATORY TANISH, RMC YARD, B BLOCK, CHITRADURGA TOWN - 577 501. 33. CHIDANANDA COTTON TRADERS, REPRESENTED BY ITS AUTHORIZED SIGNATORY MALLIKARJUN, RMC YARD, E AND F BLOCK, CHITRADURGA TOWN - 577 501. 34. RAMALINGESWARA TRADERS, REPRESENTED BY ITS AUTHORIZED SIGNATORY ANAND, RMC YARD, E AND F BLOCK, CHITRADURGA TOWN - 577 501. 35. JYOTHI AGENEIES, REPRESENTED BY ITS AUTHORIZED SIGNATORY RAMESH, RMC YARD, B BLOCK, CHITRADURGA TOWN - 577 501. 36. VIJAYALAKSHMI TRADERS, REPRESENTED BY ITS AUTHORIZED SIGNATORY H.V.THIPPESWAMY, RMC YARD, E AND F BLOCK, CHITRADURGA TOWN - 577 501. 37. UTSAVAMBA AGENCIES, BEPRESENTED BY ITS AUTHORIZED SIGNATORY NARENDRA BABU, RMC YARD, E AND F BLOCK, CHITRADURGA TOWN - 577 501. - 9 - HC-KAR NC: 2026:KHC:33040 WP No. 11400 of 2026 38. KANTE TRADING COMPANY, REPRESENTED BY ITS AUTHORIZED, SIGNATORY BY MANGER, RMC YARD, B BLOCK, CHITRADURGA TOWN - 577 501. 39. VARSHA AGENCIES, REPRESENTED BY ITS AUTHORIZED SIGNATORY SHIVAKUMAR, RMC YARD, 'E AND P BLOCK, CHITRADURGA TOWN - 577 501 40. HARI TRADING CO., REPRESENTED BY ITS AUTHORIZED SIGNATORY HAR SARVOTHAMA, RMC YARD, 'A' BLOCK, CHITRADURGA TOWN - 577 501. 41. K.G AND SONS. REPRESENTED BY ITS AUTHORIZED SIGNATORY DINESH. RMC YARD, 'A' BLOCK, CHITRADURGA TOWN - 577 501. 42. SRI KALLESHWARA TRADING CO.. REPRESENTED BY ITS AUTHORIZED SIGNATORY MARULASIDDAPPA. RMC YARD, E AND P BLOCK. CHITRADURGA TOWN - 577 501. …RESPONDENTS (BY SRI. B.S. JEEVAN KUMAR, ADVOCATE FOR R15 AND R16) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION, IN THE NATURE OF WRIT, QUASHING ORDER PASSED BY THE - 10 - HC-KAR NC: 2026:KHC:33040 WP No. 11400 of 2026 LEARNED PRL. DISTRICT AND SESSIONS JUDGE, CHITRADURGA IN 1.C.NO.1/2024 DATED 20/01/2026 ON IA.NO.3 PRODUCED AS ANNEXURE- E TO THE WRIT PETITION AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order dated 20.01.2026 passed in I.C.No.1/2024 by the Principal District and Session Judge, Chitradurga, the petitioners are before this Court. 2. By the order impugned, the Trial Court allowed I.A. No.3 and held that the petition was not maintainable not only against respondent Nos.15 and 16, but also against respondent Nos.17 to 22. Consequently, the petition, insofar as it related to respondent Nos.15 to 22, came to be dismissed. In view of the said finding, I.A. No.2 filed by respondent No.18 also stands disposed of. 3. Learned counsel for the petitioners submits the petitioners have filed the insolvency petition against as many as 42 respondents. It is submitted that IA No.3 was filed only - 11 - HC-KAR NC: 2026:KHC:33040 WP No. 11400 of 2026 by respondent Nos.15 and 16, whereas IA No.2 was filed by respondent No.18. Learned counsel further submits that, while allowing I.A. No.3, the Trial Court not only dismissed the petition as against respondent Nos.15 and 16, but also dismissed it insofar as respondent Nos.17 to 22 are concerned. It is submitted that when no application had been filed by the concerned respondents, the Trial Court, while passing the orders, ought not to have dismissed the petition in respect of the other respondents, who had not filed any application, as concerned. 4. Sri. B.S.Jeevan Kumar, learned counsel submits that he has instructions to file vakalath on behalf of respondent Nos.15 and 16. 5. Having heard the counsel for the petitioners, perused the material on record. The petitioners have filed an insolvency petition under the Provincial Insolvency Act, 1920, wherein they have shown different companies as well as financial institutions. 6. I.A. No.2 was filed by respondent No.18 and I.A. No.3 was filed by respondent Nos.15 and 16. The contention - 12 - HC-KAR NC: 2026:KHC:33040 WP No. 11400 of 2026 raised in the said applications was that, in view of Section 8 of the Provincial Insolvency Act, 1920, no insolvency petition can be presented against any corporation, association or company registered under any enactment for the time being in force. Therefore, it was contended that the insolvency petition was not maintainable against respondent Nos.15 and 16. It is also not in dispute that respondent Nos.17 to 22 are companies registered under the provisions of the Companies Act. Hence, the court has dismissed the case 7. The contention of the petitioners that, when no application is filed by respondent Nos.17 and 19 to 22, the Trial Court ought not to have dismissed the petition against them has no legs to stand for the reason that when Section 8 of the Provincial Insolvency Act, 1920 is attracted, the same applies equally to all companies. Since respondent Nos.17 to 22 are also companies/financial institutions registered under the Companies Act, the Trial Court was justified in holding that the insolvency petition was not maintainable against them as well. Therefore, this Court finds no illegality or infirmity in the - 13 - HC-KAR NC: 2026:KHC:33040 WP No. 11400 of 2026 impugned order. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is dismissed. ii. Pending IAs, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 7