- 1 - HC-KAR CNR: KAHC010581762026 NC: 2026:KHC:45139 WP No. 26159 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 26159 OF 2026 (GM-RES) BETWEEN: SRI BHARATH KUMAR S/O LATE SHRIDHARA AJIRI, AGED ABOUT 53 YEARS, SUSPENDED ADDITIONAL DIRECTOR OF M/S METAL CLOSURES PRIVATE LIMITED, NO. 39/4-B, 12TH KM, KANAKAPURA ROAD, DODDAKALLASANDRA VILLAGE, BENGALURU 560062 …PETITIONER (BY SRI. K.SHASHIKIRAN SHETTY, SENIOR COUNSEL FOR SRI.A MAHESH CHOWDHARY, ADVOCATE) AND: 1. THE NATIONAL COMPANY LAW TRIBUNAL BENGALURU BENCH, 12TH FLOOR, EAST WING, RAHEJA TOWERS, M.G. ROAD, BENGALURU 560001, REPRESENTED BY ITS ASSISTANT REGISTRAR 2. LIQUIDATOR OF M/S METAL CLOSURES PRIVATE LIMITED, OFFICE AT NO. C-006, PIONEER PARADISE, 24TH MAIN ROAD, 7TH PHASE, J.P. NAGAR, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010581762026 NC: 2026:KHC:45139 WP No. 26159 of 2026 BENGALURU 560078 REPRESENTED BY SMT.RAMANATHAN BHUVANESHWARI …RESPONDENTS (BY SRI.DHANANJAY JOSHI, SENIOR COUNSEL FOR SRI.SRINANDAN KARTHIKEYAN, ADVOCATE FOR C/R2; NOTICE TO R1 IS DISPENSED WITH V/O DATED 20.08.2026) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING RESPONDENT NO.1, THE HON'BLE NATIONAL COMPANY LAW TRIBUNAL, BENGALURU BENCH, TO TAKE UP, HEAR AND DECIDE I.A.NO.770 OF 2026 IN CP (IB) NO. 103/BB/2018 (ANNEXURE A), IN PREFERENCE TO AND BEFORE PERMITTING ANY FURTHER STEP IN THE LIQUIDATION OF THE CORPORATE DEBTOR, AS THIS HON'BLE COURT MAY DEEM FIT AND PROPER, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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) Issue a Writ of Mandamus, or any other appropriate writ, order or direction, directing Respondent No.1, the Hon'ble National Company Law Tribunal, Bengaluru Bench, to take up, hear and decide I.A.No.770/2026 in CP (IB) No.103/BB/2018 (Annexure A), in preference to and before permitting any further steps in the liquidation of the Corporate Debtor, as this Hon'ble Court may - 3 - HC-KAR CNR: KAHC010581762026 NC: 2026:KHC:45139 WP No. 26159 of 2026 deem fit and proper, in the interest of justice and equity; b) Grant such other and further relief as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity." 2. The submission of learned Senior Counsel Sri.K.Shashikiran Shetty is that an application being filed in I.A.No.770/2026 in CP (IB) No.103/BB/2018 seeking for removal of the liquidator - respondent No.2. The said application has not been considered and the auction is scheduled on 05.09.2026. 3. Sri. Dhananjay Joshi, learned Senior Counsel would submit that when the matter had been taken up on 17.08.2026, the matter has been adjourned to 01.09.2026, which is prior to the auction and that on 01.09.2026 or any other previous day, if the matter is so advanced, respondent No.2 would be ready to address arguments on the NCLT taking up the matter. - 4 - HC-KAR CNR: KAHC010581762026 NC: 2026:KHC:45139 WP No. 26159 of 2026 4. His submission is that objections to I.A.No.770/2026 would be filed by 25.08.2026 after serving a copy thereof on the learned counsel for the petitioner. The said submission is placed on record. 5. Since the matter is now posted on 01.09.2026 and the auction is scheduled on 05.09.2022, it would but be required that I.A.No.770/2026 be considered and disposed before the auction is held. 6. Placing the submission of both the learned counsels that they will co-operate with the NCLT and address the arguments on 01.09.2026 without seeking for any adjournment, the petition stands disposed of directing the NCLT to dispose of I.A.No.770/2026 before 05.09.2026. Sd/- (SURAJ GOVINDARAJ) JUDGE MDS List No.: 1 Sl No.: 36