THE CENTRAL BOARD OF TRUSTEES v. M/S UNIVERSAL POWER TRANSFORMERS
WP/19806/2019 · 2026-08-17
M G S Kamal
body2026
DailyLaw.ai
[ 2026 DAILYLAW 36085 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 36085 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010130152019 NC: 2026:KHC:43892 WP No. 19806 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 19806 OF 2019 (GM-RES)
BETWEEN:
THE CENTRAL BOARD OF TRUSTEES, EMPLOYEES' PROVIDENT FUND, NEW DELHI, REPRESENTED BY SRI MOHAMMAD ZAID, THE ASSISTANT PROVIDENT FUND COMMISSIONER, RECOVERY AND LEGAL EMPLOYEES' PROVIDENT FUND ORGANISATION, REGIONAL OFFICE, PEENYA, YESHWANTHPUR, BENGALURU - 560 022. …PETITIONER (BY SRI. VENKATARAMANA K S., ADVOCATE) AND:
1.
M/S. UNIVERSAL POWER TRANSFORMERS PRIVATE LTD., A-313, 314, 7TH MAIN, 2ND STAGE, PEENYA INDUSTRIAL ESTATE, BENGALURU - 560 022.
REPRESENTED BY ITS MANAGING DIRECTOR.
Digitally signed by SUMA B N Location:
HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010130152019 NC: 2026:KHC:43892 WP No. 19806 of 2019
2.
SHRI.RAVI SANKAR DEVARAKONDA PRACTICING CHARTERED ACCOUNTANT AND INSOLVENCY PROFESSIONAL, R/AT NO.D-602, PRESTIGE ST.JOHNSWOOD APARTMENTS, NO.80, TAVARAKERE MAIN ROAD, BENGALURU - 560 029.
3.
SHRI. DHRUVA TALWALKAR, RESOLUTION APPLICANT, R/AT NO.312, EMBASSY WOODS, NO.6, CUNNINGHAM ROAD, BENGALURU - 560 003. …RESPONDENTS (BY SRI.AJESH KUMAR, ADVOCATE FOR R1 and R3 R2 SERVED AND UNREPRESENTED)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 11.10.2018 PASSED BY HON NCLT IN CASE NO.CP(IB) NO.73/BB/2017 VIDE ANNX-D AND THE RESOLUTION PLAN DATED 08.08.2018 IN CASE NO.CP(IB)NO.73/BB/2017 SUBMITTED BY THE R-3 VIDE ANNX-H AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL
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HC-KAR
CNR: KAHC010130152019 NC: 2026:KHC:43892 WP No. 19806 of 2019
ORAL ORDER
1. This petition is filed seeking quashing of the order dated 11.10.2018 passed by the NCLT in case No.CP (IB)No.73/BB/2017 and the resolution plan dated 08.08.2018 in case No.CP(IB) No.73/BB/2017 produced at Annexure D and H respectively and for further direction to consider the claim of the petitioner.
2.
Learned counsel Sri Ajesh Kumar, who has filed Vakalath for respondent No.3 undertakes to appear for respondent No.1 as well. He submits that the resolution plan has been accepted and approved by the NCLT. Person aggrieved if any is required to file a statutory appeal as provided under Section 61 of the Insolvency and Bankruptcy Code, 2016, and therefore, he submits that the petition is not maintainable.
3. At this juncture, learned counsel for the petitioner submits that he was not a party to the proceedings before NCLT and therefore, he approached this Court.
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HC-KAR
CNR: KAHC010130152019 NC: 2026:KHC:43892 WP No. 19806 of 2019
Nonetheless, he seeks liberty to prefer an appeal as provided. He further submits that the time consumed in prosecuting the present petition be directed to be considered for the purpose of condonation of delay.
4.
Learned counsel for the respondents submits that the request for condonation of delay may be considered subject to considering the objections of the respondents.
5.
Submissions are placed on record.
6. Petition is dismissed as withdrawn with liberty to file an appeal as provided. If such an appeal is filed within 30 days from the date of receipt of certified copy of this
order, time consumed in prosecuting this Writ Petition may be considered in accordance with law for the purpose of condonation of delay subject to all just exceptions.
Sd/- (M.G.S. KAMAL) JUDGE
tsn* List No.: 1 Sl No.: 6