Resolutional Professional vs The Additional Chief Secretary
2021 Latest Caselaw 6116 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 14TH DAY OF DECEMBER, 2021

                      PRESENT

THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE

                         AND

THE HON'BLE MR.JUSTICE SACHIN SHANKAR MAGADUM

       WRIT APPEAL NO.19 OF 2021 (GM-RES)

BETWEEN:
RESOLUTIONAL PROFESSIONAL
ASHOK KRIPLANI
AGED ABOUT 64 YEARS
M/S DREAMZ INFRA PRIVATE LIMITED
AS APPOINTED BY NCLT, BANGALORE
PRESENTLY RESIDING AT
NO.61, 5TH BLOCK
FLAT NO.F-1, KORAMANGALA
BANGALORE - 560 034
                                         ... APPELLANT
(BY SRI A.MAHESH CHOWDHARY AND MS.KRISHIKA
 VAISHANAV, ADVOCATES)


AND:
1. THE ADDITIONAL CHIEF SECRETARY
   FINANCE DEPARTMENT
   GOVERNMENT OF KARNATAKA
   VIDHANA SOUDHA
   BANGALORE - 560 001

2. THE UNDER SECRETARY
   FINANCE DEPARTMENT
   GOVERNMENT OF KARNATAKA
   VIDHANA SOUDHA
   BANGALORE - 560 001

3. THE COMPETENT OFFICER
   THE ASSISTANT COMMISSIONER
   APPOINTED VIDE
   NOTIFICATION DATED 20.06.2019
   BANGALURU SOUTH SUB-DIVISION
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     KANDAYA BHAVAN, K.G.ROAD
     BANGALORE - 560 009
                                           ... RESPONDENTS
(SRI S.S.MAHENDRA, AGA FOR RESPONDENTS
 SRI C.S.GIRISH, ADVOCATE IN I.A NO.4/2021)
                                   ****

     THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961 READ WITH RULE 27 OF
THE WRIT PROCEEDINGS RULES, PRAYING TO ALLOW THE
APPEAL BY SETTING ASIDE THE ORDER DATED 22.12.2020
(WRONGLY WRITTEN AS 14.12.2020) IN W.P No.14280/2020
AND ALLOW RELIEF SOUGHT AGAINST RESPONDENT NO.3 AS
PRAYED FOR IN W.P NO.14280/2020 THE INTEREST OF JUSTICE
AND EQUITY OR IN THE ALTERNATIVE REMAND THE SAME TO
LEARNED SINGLE JUDGE TO DECIDE ON MERITS.

     THIS APPEAL COMING ON FOR PRELIMINARY HEARING
THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE
DELIVERED THE FOLLOWING:


                               JUDGMENT

Heard.

2. This writ appeal has been filed challenging the order

dated 22.12.2020 (wrongly written as 14.12.2020) passed

by the learned Single Judge in Writ Petition

No.14280/2020.

3. Sri A.Mahesh Chowdhary, learned counsel for the

appellant submits that he is aggrieved by the observation

made by the learned Single Judge in the impugned order to

the effect that the Division Bench in Writ Petition

No.7500/2020 has mentioned that no mandamus against

the Competent Authority appointed under the Karnataka

Protection of Interest of Depositors in Financial

Establishments Act, 2004 can be issued during pendency of

the proceedings before the National Company Law Tribunal.

It is submitted that the said observation in case taken on

its face value will effect the decision in the writ petition.

4. It is also submitted by learned counsel for the

appellant that he is ready to contest the matter before the

writ Court. However, the writ Court may not be influenced

by the observation made as above.

5. Learned Additional Government Advocate appearing

for the respondents has no objection in case the writ appeal

is disposed of at this stage with an observation that the

learned Single Judge may decide the writ petition without

being influenced by any observation made by the Division

Bench in Writ Petition No.7500/2020.

6. Accordingly, we dispose of this writ appeal with the

observation that the learned Single Judge may hear and

decide the writ petition preferred by the appellant i.e. Writ

Petition No.14280/2020 in accordance with law without

being influenced by any observation made by the Division

Bench in Writ Petition No.7500/2020.

7. The pending interlocutory applications do not survive

for consideration and stand disposed of.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

AHB