- 1 - HC-KAR NC: 2026:KHC:14882 WP No. 1616 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.1616 OF 2025 (GM-DRT) BETWEEN: 1. MR. ROYAL V K GAS ENTERPRISES REPRESENTED BY ITS PROPRIETOR MR. VIJAYAKUMAR N NO. 39/1, SRIRAMPURA, JAKKUR, BANGALORE-560064. ALSO AT: ROYAL V.K GAS ENTERPRISES REPRESENTED BY ITS PROPRIETOR MR. VIJAYAKUMAR N NO.39/1, SRIRAMPURA, WARD NO.5, BBMP, KHATA NO.360, JAKKUR, BANGALORE-560064. 2. MR. VIJAYAKUMAR N S/O NAGARAJ AGED ABOUT 43 YEARS, RESIDING AT NO.107/2, NEAR WATER TANK, SRIRAMPURA VILLAGE, JAKKUR, BANGALORE-560064 ALSO AT: MR. VIJAYAKUMAR N NO.39/1, SRIRAMPURA, WARD NO.5, BBMP, KHATA NO. 360, JAKKUR, BANGALORE-560064. …PETITIONERS (BY SRI. YARANAL RAMESH MALLAPPA, ADVOCATE) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14882 WP No. 1616 of 2025 AND: 1. M/S. EDELWEISS ASSET RECONSTRUCTION COMPANY LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, AND ASAN ASSET RECONSTRUCTION COMPANY U/S 3 OF SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT 2002 HAVING ITS REGISTERED OFFICE AT EDELWEISS HOUSE, 1ST FLOOR OFF CST ROAD, KALINA, MUMBAI 400098. ACTING ITS CAPACITY AS TRUSTEE OF EARC TRUST SC 424, REPRESENTED BY ITS AUTHORIZED OFFICER MR. K. RADHAKRISHNAN NAIR …RESPONDENT (BY SMT. ANUPAMA M., ADVOCATE FOR SRI VIJAY S., ADVOCATE FOR C/R) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 26.03.2024 PASSED BY THE 39TH ACMM AT BANGALORE IN C.MIS NO. 8070/2023 VIDE ANNX-C AND ALL FURTHER PROCEEDINGS PURSUANT THERETO IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:14882 WP No. 1616 of 2025 ORAL ORDER The present writ petition is filed seeking the following prayer: “ WHEREFORE, the Petitioner most respectfully prays that this Hon’ble Court be please to issue a writ of Certiorari or any other writ, direction or order and further i) To issue a Writ in the nature of Certiorari quashing the order dated 26.03.2024 passed by the 39th ACMM at Bangalore in C.mis No.8070/2023 vide Annexure-C and all further proceedings pursuant thereto, in the interest of justice and equity. ii) Pass such other orders as deemed just in the circumstances of the case and in the ends of justice and equity.” 2. The respondent is Edelweiss Asset Reconstruction Company Ltd. In the light of the law laid down by the Hon’ble Apex Court in the case of Phoenix ARC Private Limited V/s Vishwa Bharai Vidya Mandir and others 1 arising out of WP.Nos.35564-35566/2015 dated 27.03.2018, the present writ petition is not maintainable against the Edelweiss Asset Reconstruction Company Ltd. 1 (2022) 5 SCC 345 - 4 - HC-KAR NC: 2026:KHC:14882 WP No. 1616 of 2025 3. In that view of the matter, this court is passing the following: ORDER i. The Writ Petition is disposed of giving liberty to the petitioner to avail the appropriate alternate remedy. ii. The petitioner shall have the benefit of Section 14 of the Limitation Act. iii. All pending I.As. in this petition shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE RHS List No.: 1 Sl No.: 15