Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:3350 WP No. 37920 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 37920 OF 2025 (GM-RES)
BETWEEN:
SRI MAHESHA K E S AGED ABOUT 57 YEARS, S/O MAYIGOWDA, SUSPENDED MANAGING DIRECTOR OF CAUVERY NEERAVARI NIGAM LIMITED HAVING OFFICE AT CAUVERY BHAVAN COMPLEX, 4TH STAGE, GOKULAM, MANJUNATHAPURA, MYSURU - 570 020.
…PETITIONER (BY SRI.PAVAN SRINIVAS., ADVOCATE)
AND:
1.
M/S SPML INFRA LIMITED (FORMERLY SUBHASH PROJECTS AND MARKETING LIMITED) REPRESENTED BY ITS MANAGING DIRECTOR OFFICE NO. F-27/12,
Digitally signed by VANAMALA N Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:3350 WP No. 37920 of 2025
OKHLA INDUSTRIAL AREA, PHASE-II, NEW DELHI-110 026
PRESENTLY HAVING ITS REGISTERED OFFICE AT 22, CAMAC STREET, BLOCK-A, 3RD FLOOR, KOLKATA 700 016.
AND REGIONAL OFFICE AT 5TH FLOOR, CORPORATE BLOCK, TOWER B1, GOLDEN ENCLAVE, HAL OLD AIRPORT ROAD, BENGALURU - 60 017.
2.
MR. ADDANKI HARESH IBBI/IPA-001/IP-P01064/2017-2018/11757 IRP OF CAUVERY NEERAVARI NIGAM LIMITED 36/1, 2ND FLOOR, MUNIVENKATAPPA COMPLEX, BELLARY ROAD, GANGANAGAR, BANGALORE, KARNATAKA 560 032.
…RESPONDENTS
(BY SRI.SHARATH CHANDRA, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE IMPUGNED PROCEEDINGS BEFORE THE NATIONAL COMPANY LAW TRIBUNAL, BENGALURU IN CP (IB) NO.39/BB/ OF 2022 A FILED BY RESPONDENT NO.1 HEREIN, INCLUDING ORDER DATED 10.12.2025 (VIDE ANNEXURE-A) IS WHOLLY WITHOUT JURISDICTION AND WITHOUT THE
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HC-KAR NC: 2026:KHC:3350 WP No. 37920 of 2025
AUTHORITY OF LAW; II) IN THE ALTERNATIVE, IN CASE THIS HONBLE COURT HOLDS THAT THIS WRIT PETITION IS NOT MAINTAINABLE ON ACCOUNT OF AN ALTERNATIVE REMEDY, BE PLEASED TO PASS AN
ORDER KEEPING IN ABEYANCE THE A IMPUGNED
ORDER DATED 10.12.2025 OF THE NATIONAL COMPANY LAW TRIBUNAL BANGALORE IN CP (IB) NO.39 NO.39/BB/ OF 2022 (VIDE ANNEXURE-A) TILL THE APPLICATION FOR STAY IS DETERMINED BY THE HONBLE NATIONAL COMPANY LAW APPELLATE TRIBUNAL IN THE APPEAL PROPOSED TO BE FILED BEFORE THE HONBLE NATIONAL COMPANY LAW APPELLATE TRIBUNAL; (II) DECLARE THAT THE PAPER PUBLICATION DATED 13.12.2025 VIDE ANNEXURE-G ISSUED AT THE INSTANCE OF RESPONDENT NO.2 IS HIGHLY ARBITRARY, ILLEGAL AND WITHOUT JURISDICTION; IV) DIRECT THE RESPONDENTS TO PAY COST OF THIS PETITION AND GRANT SUCH OTHER AND FURTHER RELIEFS IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
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HC-KAR NC: 2026:KHC:3350 WP No. 37920 of 2025
ORAL ORDER
Sri Pavan Srinivas, the learned counsel for the petitioner, files a memo enclosing a copy of the orders of the Apex Court in Special Leave Petition [C] No.1609/2025. It is submitted in unison that after the Apex Court's order confirming this Court's interim order dated 15.12.2025 in the present writ petition, the petitioner will have to avail remedy under Section 61 of the Insolvency and Bankruptcy Code, 2016 with a National Company Law Appellate Tribunal and that the petitioner is admitted to certain relief for a limited period by the Apex Court.
In view of the afore, the petition stands
disposed of.
Sd/- (B M SHYAM PRASAD) JUDGE
SA ct:sr