Mr Methuku Srinivas Vs Total Solutions Intec… — Insolvency and Bankruptcy | Karnataka HC (2025)

Mr Methuku Srinivas Vs Total Solutions Intec… — Insolvency and Bankruptcy | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition disposed off; petitioner relegated to the appeal before the NCLAT; interim order to continue in force for two weeks with liberty to seek a decision on the interim prayer before the NCLAT; all contentions kept open; pending applications disposed off as not calling for any orders.

Issue for consideration

Whether the writ petition should be decided on merits when the petitioner has already instituted an appeal before the NCLAT against the order at Annexure-A in C.P.(IB) No.98/BB/2024. +1 more

Court's answer

All contentions raised in the present writ petition are open to be raised in the appeal already filed before the NCLAT.

Ratio / Principle

The Court will not decide the merits of the matter and relegates the petitioner to avail of the substantive appellate remedy (the appeal before the NCLAT).

Key takeaways

The interim order passed in the present matter will remain in force for a period of two weeks, leaving it open to the petitioner to make an appropriate request before the NCLAT regarding the interim prayer.ratio¶66
All contentions are kept open.ratio¶66

Detailed headnote1 paragraphs

Writ Petition No. 24478 of 2024 (GM-RES) was filed by Mr Methuku Srinivas, suspended director of M/s Bouyant Technology Constellation Pvt Ltd, under Articles 226 and 227 of the Constitution of India, praying for a declaration that C.P.(IB) No.98(BB)/2024, filed under Section 9 of IBC before the NCLT, Bangalore, is not maintainable, and alternatively restraining respondent No.2 (the Interim Resolution Professional) from constituting the Committee of Creditors till disposal of his appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 before the NCLAT. Noticing that the appeal against the order at Annexure-A in C.P.(IB) No.98/BB/2024 had already been instituted before the NCLAT, the High Court (S Sunil Dutt Yadav, J.) held that all contentions raised in the writ petition were open to be raised in the appeal, declined to decide the merits, relegated the petitioner to the substantive appellate remedy, directed that the interim order passed in the writ petition remain in force for two weeks with liberty to move the NCLAT on the interim prayer, kept all contentions open, and disposed of the petition, with all pending applications disposed of as not calling for any orders.

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NC: 2025:KHC:25285 WP No. 24478 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF JULY, 2025

BEFORE

THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

WRIT PETITION NO. 24478 OF 2024 (GM-RES)

BETWEEN:

MR METHUKU SRINIVAS

AGED ABOUT 52 YEARS (SUSPENDED DIRECTOR OF M/S BOUYANT TECHNOLOGY CONSTELLATION PVT LTD) HAVING REGISTERED OFFICE AT C5, RICH HOMES 5^TH FLOOR, RICHMOND ROAD BENGALURU - 560 025

… PETITIONER

(BY SRI. M.S. SHYAM SUNDAR, SENIOR ADVOCATE FOR SMT. VANDANA P L., ADVOCATE)

Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA

AND:

TOTAL SOLUTIONS INTEC PVT LTD REGISTERED OFFICE: 101, 10^TH CROSS, 11^TH MAIN HAL II STAGE, INDIRANAGAR BENGALURU KARNATAKA - 560 008

SHAIKH NAFIS ANJUM AGED ABOUT NOT KNOWN

INTERIM RESOUTION PROFESSIONAL OF M/S BOUYANT TECHNOLOGY

NC: 2025:KHC:25285 WP No. 24478 of 2024

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HC-KAR

CONSTELLATION PVT LTD HAVING OFFICE AT: A-34, LOWER GROUND FLOOR VIKAS PURI NEW DELHI - 110 018 EMAIL ID: SN.ANJUM123@ GMAIL.COM

IMPLEADING RESPONDENTS IN I.A. No.1/2024

3. GAURAV PATWARI

S/O OM PRAKASH PATWARI AGED ABOUT 47 YEARS

RESIDING AT FLAT NO.A2, 1^ST FLOOR, MANIMA APARTMENT NO.15A, 1 3^RD CROSS MARUTHI LAYOUT, DASSARAHALLI MAIN ROAD HEBBAL - KEMPAPURA - 560 024.

SAMEER AHMED AGED ABOUT 45 YEARS S/O ASSAMATHA HABIB AHMED

RESIDING AT #12, RS PRIMEROSE APT., G-1, KACHARKANAHALLI

HENNUR MAIN ROAD - 560 084.

SREEVATSA R S/O MR. RAJAGOPALAN AGED ABOUT 50 YEARS RESIDING AT 70/A, SARASWATHI NAGAR VIJAYANAGAR - 560 040

PARVATI BALCHAND AGED ABOUT 44 YEARS

NC: 2025:KHC:25285 WP No. 24478 of 2024

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HC-KAR

S/O B B SOMANNA A-701 MANTRI GREENS #1, SAMPIGE ROAD MALLESHWARAM BANGALORE.

IMPLEADING RESPONDENTS IN I.A. No.2/2024

LIC HOUSING FINANCE LIMITED REPRESENTED BY ITS AUTHORIZED SIGNATORY S. PADMAVATHI HAVING REGIONAL OFFICE AT NO.137, HMG AMBASSADOR 9^TH FLOOR, SOUTH WING RESIDENCY ROAD BENGALURU - 560 025.

IMPLEADING RESPONDENTS IN I.A. No.3/2024

MANYATA INFRASTRUCTURE DEVELOPMENTS PRIVATE LIMITED A COMPANY WITHIN THE MEANING OF THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT: NO.9/1, 1^ST FLOOR, CLASSIC COURT, RICHMOND ROAD, BENGALURU - 560 025. REPRESENTED BY ITS MANAGING DIRECTOR MR. REDDY VEERANNA.

MANYATA REALLTY

A REGISTERED PARTNERSHIP FIRM

HAVING ITS REGISTERED OFFICE AT: NO.9/1, 1^ST FLOOR, CLASSIC COURT, RICHMOND ROAD, BENGALURU - 560 025.

4 - NC: 2025:KHC:25285 WP No. 24478 of 2024

HC-KAR

REPRESENTED BY ITS MANAGING DIRECTOR

MR. REDDY VEERANNA.

IMPLEADING RESPONDENTS IN I.A. NO.1/2025

MR. ROBIN GHOSE S/O LATE KISHORE GHOSE AGED ABOUT 43 YEARS RESIDING AT NO.202, PEACE HEAVEN APARTMENTS LANGFORD ROAD RICHMOND TOWN BENGALURU - 560 025.

MRS. POOJA GHOSE W/O MR. ROBIN GHOSE AGED ABOUT 45 YEARS RESIDING AT NO.202 PEACE HEAVEN APARTMENTS LANGFORD ROAD RICHMOND TOWN BENGALURU - 560 025.

… RESPONDENTS

(BY SRI. ABHISHEK SRIRAM, ADVOCATE A/W SRI ADITH JAHGIRDAR, ADVOCATE FOR R2; SRI AJAY PRABHU, ADVOCATE FOR IMPELADING RESPONDENTS IN I.A.1/2024; SRI ANKITA PAUL, ADVOCATE FOR IMPLEADING RESPONDENTS IN I.A. 2/2024; SRI VISHWAS N., ADVOCATE FOR SRI C.K. NANDAKUMAR, SENIOR ADVOCATE FOR IMPLEADING RESPONDENTS IN I.A.3/2024; SRI G. SRIDHAR, ADVOCATE FOR IMPLEADING RESPONDENTS IN I.A. 1/2025)

5 - NC: 2025:KHC:25285 WP No. 24478 of 2024

HC-KAR

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARATIONS UNDER THE ARTICLE 227 OF CONSTITUTION OF INDIA DECLARING THE CP-(IB)98(BB)/2024 FILED UNDER SECTION 9 OF IBC BEFORE THE NCLT, BANGALORE IS NOT MAINTAINABLE AND ULTRA-VIRES OF PRINCIPLE OF NATURAL JUSTICE AND EQUITY AND ETC.

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

CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

ORAL ORDER

Petitioner has filed the present writ petition seeking

for various reliefs. The alternative relief also relates to the order of restraining respondent No.2 to constitute Committee of Creditors till the final disposal of the appeal filed by the petitioner under Section 61 of the Insolvency and Bankruptcy Code, 2016.

Various contentions have been raised. It is

noticed that as against the order passed at Annexure-A in C.P.(IB) No.98/BB/2024, petitioner has instituted an appeal before the National Company Law Appellate Tribunal (NCLAT). If that were to be so, all contentions as

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NC: 2025:KHC:25285 WP No. 24478 of 2024

HC-KAR

raised in the present writ petition are open to be raised in the appeal filed.

Noticing that the appeal has already been filed before the NCLAT, it would be appropriate for this Court not to decide on the merits of the matter while relegating the petitioner to avail of the substantive appellate remedy. In light of the petitioner being relegated to the appellate remedy, the interim order passed in the present matter would be in force for a period of two weeks from today leaving it open to the petitioner to make appropriate request before the NCLAT to take a decision regarding the request of the petitioner for interim prayer. All contentions are kept open.

4. Accordingly, petition is disposed off .

In view of disposal of writ petition, all pending applications are disposed off as not calling for any orders.

Sd/(S SUNIL DUTT YADAV) JUDGE

VP