Sri A Anil Kumar v. Mr Ratnakar Shetty

NC:(2026:KHC:5487-DB( WP(No.(17133(of(2024( ( , ,,HC-KAR( ( (

(

IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

ST DATED(THIS(THE(31 (DAY(OF(JANUARY,(2026(

PRESENT(

THE(HON'BLE(MR.(JUSTICE(D(K(SINGH(

AND((

THE(HON'BLE(MR.(JUSTICE(C.M.(POONACHA(

WRIT(PETITION(NO.(17133(OF(2024((GM-RES)(

BETWEEN:(( (

1., SRI,A,ANIL,KUMAR, S/O,LATE,S,ANJANAPPA,, AGED,ABOUT,52,YEARS,, ,

2., SMT,PADMA, W/O,SRI,A,ANILKUMAR,, AGED,ABOUT,43,YEARS,

,

3., KUMARI,MANSI,A,GOWDA, Digitally D/O,SRI,A,ANIL,KUMAR, signedtiby AGED,ABOUT,23,YEARS,,NIRMALA

DEVI ,

4., SRI,A,NARENDAR,BABU,Location: HIGH0COURT S/O,LATE,S,ANJANAPPA, OF AGED,ABOUT,47,YEARS,, KARNATAKA ,

5., SMT,LAKSHMI,G, W/O,A,NARENDRA,BABU, AGED,ABOUT,35,YEARS,, ,

6., SMT.,A,DEVIKA, D/O,LATE,S,ANJANAPPA, AGED,ABOUT,45,YEARS,, NC:(2026:KHC:5487-DB( WP(No.(17133(of(2024( ( , ,,HC-KAR( ( ( ,

7., SRI,A,PRASHANTH, S/O,,LATE,S,ANJANAPPA, AGED,ABOUT,43,YEARS,, , SL.,NO.2,TO,7,ARE,REP.,BY,THEIR,GPA,, HOLDER,SL.NO.1,SRI,A,ANIL,KUMAR, , ALL,ARE,R/AT,NO.254,,4TH,B,CROSS,, JAKKUR,BENGALURU-560064., , …PETITIONERS, (BY,SRI.,SAI,KIRAN,R,,ADVOCATE), , AND:( ( MR,RATNAKAR,SHETTY, S/O,CHIKAYYA,SHETTY, AGED,ABOUT,43,YEARS,, RESOLUTION,PROFESSIONAL,, OF,M/S,UNISHIRE,LIFE,STYLE,, DWELLINGS,LLP,NO.16,,, LEVEL,3,,SKYLINE,TOWER,, 7TH,CROSS,,SAMPIGE,ROAD,, MALLESWARAM,,BENGALURU-560003., , …RESPONDENT, (BY,SRI.,KASHYAP,N,NAIK,,ADVOCATE), , , THIS,WRIT,PETITION,IS,FILED,UNDER,ARTICLES,226, &,227,OF,THE,CONSTITUTION,OF,INDIA,PRAYING,TO,SET, ASIDE, THE, ORDER, DATED, 28.03.2024, PASSED, BY, THE, HONBLE, NATIONAL, COMPANY, LAW, TRIBUNAL,, BENGALURU, IN, I.A., No.285/2022, IN, CP, (IB), No., 32/BB/2020, WHICH, IS, PRODUCED, AS, ANNEXURE-A, AS, NULL,AND,VOID., ,

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE C.M. POONACHA

ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH)

¶1The present writ petition under Article 227 of the Constitution of India has been filed impugning the order dated

20.03.2024 passed by the National Company Law Tribunal1, Bengaluru Bench, Bengaluru in I.A. No.285/2022 in CP(IB) No.32/BB/2020. The Tribunal, on an application filed by the Resolution Professional has held that the possession of the scheduled property to be taken over by the Resolution Professional and the respondents are directed to remove the illegal temporary construction made on the scheduled property.

¶2Learned counsel for the petitioner has vehemently submitted that the Tribunal has wrongly exercised its jurisdiction which is not vested in it. The petitioner is the owner of the property who had entered into a Joint Development

1 hereinafter referred to as the 'Tribunal

Agreement with the person who is the corporate debtor and the scheduled property is of the petitioner's property.

¶3Whether the property is the property of the Corporate Debtor or it is of the third party, this is a question which is the question on merit and it is not a jurisdictional question. Therefore, we are of the view that the Tribunal has not exceeded its jurisdiction while allowing the I.A. No.285/2022 filed by the Resolution Professional. In any view of the matter, the petitioner has a remedy of filing the appeal before the National Company Law Appellate Tribunal2 under the provisions of the Insolvency and Bankruptcy Code, 2016 and if, the petitioner feels aggrieved by the impugned order passed by the Tribunal, he should approach the Appellate Tribunal by undertaking the appropriate proceedings as may be available to him under law.

¶4With the aforesaid observation, we dispose of this writ petition with liberty to the petitioner to approach the Appellate Tribunal against the impugned order passed by the Tribunal, and if the petitioner files an appeal within a period of four

2 hereinafter referred to as the 'Appellate Tribunal'

weeks from today, the Appellate Tribunal should Proceed with the appeal on merit without going to the question of limitation.

Sd/- (D K SINGH) JUDGE

Sd/- (C.M. POONACHA) JUDGE

BS List No.: 1 Sl No.: 20