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2026 DAILYLAW 48577 (KAR)

THE ARCHDIOCESE OF BANGALORE v. NITESH RESIDENCY HOTELS PRIVATE LIMITED

COP/243/2014 · 2026-01-22

R Devdas

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:3767 COP No. 243 of 2014 C/W CA NO. 392/2022 AND OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS COMPANY PETITION NO. 243 OF 2014 A/W COMPANY APPLICATION NO. 392 OF 2022, COMPANY APPLICATION NO. 19 OF 2023, COMPANY APPLICATION NO. 19 OF 2022 IN COP NO. 243 OF 2014 BETWEEN: THE ARCHDIOCESE OF BANGALORE ARCHBISHOPS HOUSE, NO.75, MILLERS ROAD, BENSON TOWN, BANGALORE - 560 046 REP. BY THE ARCHBISHOP OF BANGALORE PRESENTLY THE MOST REV BERNARD MORAS …PETITIONER (BY MS. RAGHAVI.P, ADVOCATE FOR SRI. NISCHAL DEV. B.R, ADVOCATES) AND: NITESH RESIDENCY HOTELS PRIVATE LIMITED HAVING ITS REGISTERED OFFICE AT NO.25A, II FLOOR, IMPERIAL COURT, CUNNINGHAM ROAD, BANGALORE-560 052 REP. BY ITS MANAGING DIRECTOR MR.NITESH SHETTY …RESPONDENT Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3767 COP No. 243 of 2014 C/W CA NO. 392/2022 AND OTHERS (BY SRI. SIDDHARTH SUMAN, ADVOCATE) THIS COMPANY PETITION IS FILED U/S 433[E], 433[F] AND 434 OF THE COMPANIES ACT, 1956, PRAYING THIS HON'BLE COURT TO-ORDER THE WINDING UP OF THE RESPONDENT COMPANY IN ACCORDANCE WITH THE PROVISIONS OF THE COMPANIES ACT, 1956 AND ETC., IN CA NO. 392 OF 2022 BETWEEN: YES BANK LTD HAVING ITS REGISTERED OFFICE AT YES BANK TOWER, YES BANK HOUSE, SOUTH TOWER, 3RD FLOOR OFF WESTERN EXPRESS HIGHWAY, SANTACRUZ (E), MUMBAI - 55 REPRESENTED BY ITS AUTORISED REPRESENTATIVE MR. MANIMARAN S ...APPLICANT (BY MS. BHAVANA ARUL, SRI. CHINTAN CHINNAPPA, ADVOCATES FOR SRI. SIDDARTH SUMAN, ADVOCATE) AND: 1 . THE ARCHDIOCESE OF BANGALORE ARCHBISHOPS HOUSE, NO.75, MILLERS ROAD, BENSON TOWN, BANGALORE - 560 046 REP. BY THE ARCHBISHOP OF BANGALORE PRESENTLY THE MOST REV BERNARD MORAS 2 . NITESH RESIDENCY HOTELS PRIVATE LIMITED HAVING ITS REGD. OFFICE AT NO.25A, II FLOOR, IMPERIAL COURT, - 3 - HC-KAR NC: 2026:KHC:3767 COP No. 243 of 2014 C/W CA NO. 392/2022 AND OTHERS CUNNINGHAM ROAD, BANGALORE-560 052 REP. BY ITS MANAGING DIRECTOR MR.NITESH SHETTY ….RESPONDENTS (BY SRI. SIDDHARTH SUMAN, ADVOCATE) THIS COMPANY APPLICATION IS FILED UNDER SECTION 434(1) OF THE COMPANIESACT, 2013, AND ORDER I RULE 8A READ WITH RULE 10 OF THE CPC, 1908, READ WITH RULES 6 AND 9 OF THE COMPANY COURT RULES, 1959, PRAYING TO PERMIT THE APPLICANT BANK TO INTERVENE IN THE ABOVE PETITION, PRESENT ITS OPINION AND TAKE PART IN THE PROCEEDINGS TOWARDS ABLY ASSISTING THIS HON’BLE COURT INEFFECTUALLY AND COMPLETELY ADJUDICATING AND SETTLING KEY ISSUES CONCERNING THE ABOVE PETITION AND EVEN PUBLIC INTEREST, IN THE INTEREST OF JUSTICE AND EQUITY. IN CA NO. 19 OF 2023 BETWEEN: THE ARCHDIOCESE OF BANGALORE ARCHBISHOPS HOUSE, NO.75, MILLERS ROAD, BENSON TOWN, BANGALORE - 560 046 REP. BY THE ARCHBISHOP OF BANGALORE PRESENTLY THE MOST REV BERNARD MORAS …APPLICANT (BY MS. GANGA BAI, AND SRI. S. VIVEKANANDA, ADVOCATES) AND: 1. NITESH RESIDENCY HOTELS PRIVATE LIMITED HAVING ITS REGD. OFFICE AT NO.25A, II FLOOR, IMPERIAL COURT, - 4 - HC-KAR NC: 2026:KHC:3767 COP No. 243 of 2014 C/W CA NO. 392/2022 AND OTHERS CUNNINGHAM ROAD, BANGALORE-560 052 REP. BY ITS MANAGING DIRECTOR 2. SRI. K.G. REGHUNANDAN PILLAY S/O GOPALA PILLAI AGED ABOUT 65 YEARS RESIDING AT SALAPURIA ASPIRE CHIKKAGUBBI, HENNUR ROAD, BENGALURU-560 077. 3. SRI. SATISH KUMAR S/O SHIVASHANKARACHARI AGED ABOUT 43 YEARS RESIDING AT SVS WINDGATES BABUSAPALYA BENGALURU- 560 043 4. SRI. LOHITH C S/O CHOUDAPPA AGED ABOUT 38 YEARS R/A NO.522, 1ST STAGE, GNANABHARATHI LAYOUT KENGERI UPANAGARA BENGALURU- 560 059 ….RESPONDENTS (BY SRI.S.VIVEKANANDA, ADVOCATE) THIS COMPANY APPLICATION IS FILED UNDER RULES 6 AND 9 OF THE COMPANY COURT RULES, 1959, READ WITH SECTION 151 OF THE CPC, 1908, PRAYING TO IMPLEAD THE APPLICANTS MENTIONED IN THE APPLICATION AND HEAR THEM BEFORE PROCEEDING FURTHER IN THE MATTER, IN THE INTEREST OF JUSTICE. IN CA NO. 19 OF 2022 BETWEEN: - 5 - HC-KAR NC: 2026:KHC:3767 COP No. 243 of 2014 C/W CA NO. 392/2022 AND OTHERS NITESH RESIDENCY HOTELS PRIVATE LIMITED HAVING ITS REGD. OFFICE AT NO.25A, II FLOOR, IMPERIAL COURT, CUNNINGHAM ROAD, BANGALORE-560 052 REP. BY ITS MANAGING DIRECTOR …APPLICANT (BY SRI. VIVEK HOLLA, ADVOCATE) AND: THE ARCHDIOCESE OF BANGALORE ARCHBISHOPS HOUSE, NO.75, MILLERS ROAD, BENSON TOWN, BANGALORE - 560 046 REP. BY THE ARCHBISHOP OF BANGALORE PRESENTLY THE MOST REV BERNARD MORAS …RESPONDENT (BY MS. RAGHAVI.P, ADVOCATE FOR SRI. SIDDHARTH SUMAN, ADVOCATE) THIS COMPANY APPLICATION IS FILED UNDER RULE 6 READ WITH RULES 9 OF THE COMPANY COURT RULES, 1959, READ WITH SECTION 151 OF THE CPC READ WITH SECTION 434(1) OF THE COMPANIES ACT, 2013 READ WITH RULE 11 OF THE NATIONAL COMPANY LAW TRIBUNAL RULES, 2016, PRAYING TO TRANSFER THE COMPANY PETITION NO.243/2014 ON THE FILE OF THIS COURT TO NATIONAL COMPANY LAW TRIBUNAL, BENGALURU, TO BE ADJUDICTAED UNDER THE PROVISIONS OF THE INSOLVENCY AND BANKRUPTCY CODE, 2016 GRANT SUCH OTHER FURTHER RELIEF AS THIS HON’BLE COURT MAY DEEM FIT IN THE INTEREST OF JUSTICE. THIS COMPANY PETITION AND COMPANY APPLICATIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2026:KHC:3767 COP No. 243 of 2014 C/W CA NO. 392/2022 AND OTHERS CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Counsel for the impleading applicants in C.A.No.392/2022 submits that in view of the settlement arrived at between the parties, the prayer made in the impleading application may not survive for consideration. 2. The submission of the learned Counsel for the impleading application is placed on record. 3. At this juncture, learned Counsel for the petitioner in C.O.P.No.243/2014 has filed a memo dated 22.01.2026 stating that the respondent has paid the entire settlement amount in terms of the compromise petition filed in Commercial Appeal No.352/2022 clubbed with Commercial Appeal No.159/2021 & Commercial Appeal No.509/2022. It is stated that the said settlement amount has been paid by way of Demand Draft. Therefore, the petitioner seeks leave of this Court to withdraw the Company Petition as settled. - 7 - HC-KAR NC: 2026:KHC:3767 COP No. 243 of 2014 C/W CA NO. 392/2022 AND OTHERS 4. The memo is taken on record subject to all just exceptions. 5. Accordingly, the Company Petition stands disposed of in view of the memo. 6. In view of the disposal of the Company Petition, C.A.No.392/2022, C.A.No.19/2023 and C.A.No.19/2022, do not survive for consideration and are accordingly, disposed of. Sd/- (R DEVDAS) JUDGE DL