Green Farm Tech Private Limited Vs Dr Kankere… — Company and Corporate | Karnataka HC (2026)

Green Farm Tech Private Limited Vs Dr Kankere… — Company and Corporate | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Certiorari refused; both writ petitions disposed of with liberty reserved to the petitioner to avail the remedies under the Civil Procedure Code; benefit of Section 14 of the Limitation Act provided to the petitioner; withdrawal of personal allegations against the petitioner's counsel recorded; pending interlocutory applications disposed of.

Issue for consideration

Whether the writ petitions under Articles 226 and 227 seeking a writ of certiorari to quash the Trial Court's orders in O.S.No.2342/2020 and O.S.No.2347/2020 and the connected execution proceedings are maintainable.

Court's answer

Writ petitions challenging the orders passed by the Trial Court and seeking quashing of the same by issuance of a writ of certiorari are not maintainable.

Ratio / Principle

The petitioner could well avail of the remedies available under the Civil Procedure Code in respect of the Trial Court's order, if aggrieved by the same.

Key takeaways

Reserving liberty to the petitioner to pursue the remedies under the Civil Procedure Code, both writ petitions stand disposed of.ratio¶64
Benefit of Section 14 of the Limitation Act is provided to the petitioner (for any proceedings before the appropriate forum).ratio¶67
The personal allegations made against the counsel for the petitioner in the statement of objections are withdrawn by the respondent's counsel, and the said withdrawal is placed on record.ratio

Detailed headnote1 paragraphs

Karnataka High Court (Suraj Govindaraj, J.) — NC: 2026:KHC:29396 — Writ Petition No. 25265 of 2024 (GM-RES) c/w W.P.No.25264 of 2024, decided 15.06.2026. Two companies under insolvency (acting through their Resolution Professional, Mr. Jugraj Singh Bedi) filed writ petitions under Articles 226 and 227 seeking certiorari to quash (i) the orders dated 07.04.2022 and 05.09.2023 passed in O.S.No.2342/2020 and O.S.No.2347/2020 by the VI Additional City Civil and Sessions Judge, Bengaluru (CCH-11) on an application under Order XII Rule 6 CPC, on the ground that the proceedings were barred by law after imposition of moratorium on 07.04.2022, and (ii) the orders in Execution Petitions Ex.P.No.121/2024 and Ex.P.No.122/2024 including the order dated 27.07.2024. HELD: writ petitions challenging the Trial Court's orders and seeking quashing by certiorari are not maintainable; the petitioner could well avail of the remedies available under the Civil Procedure Code. Petitions disposed of with liberty reserved to the petitioner; benefit of Section 14 of the Limitation Act provided to the petitioner; the personal allegations made against the petitioner's counsel were withdrawn by the respondent's counsel and recorded; interlocutory applications disposed of.

NC: 2026:KHC:29396 WP No. 25265 of 2024 C/W WP No. 25264 of 2024

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF JUNE, 2026

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 25265 OF 2024 (GM-RES)

C/W

WRIT PETITION NO. 25264 OF 2024 (GM-RES)

IN WP No. 25265/2024

BETWEEN:

Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

TIERRA FARM ASSETS COMPANY PRIVATE LIMITED, A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, HAVING REGISTERED OFFICE AT, 325/1, RMV EXTENSION, 5^TH CROSS, 14^TH MAIN, SADASHIVNAGAR, BANGALORE - 560 080.

THROUGH ITS RESOLUTION PROFESSIONAL MR. JUGRAJ SINGH BEDI, REG NO. IBBI/IPA-01/IP-P00731/2017-18/11208 APPOINTED VIDE ORDER DATED 07.04.2022 BY THE HON'BLE NATIONAL COMPANY, LAW TRIBUNAL, BENGALURU. …PETITIONER

(BY SRI. SRINANDAN K., ADVOCATE)

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NC: 2026:KHC:29396 WP No. 25265 of 2024 C/W WP No. 25264 of 2024

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AND:

DR. KANKERE THIMMAPPA GOWDA MAHESH, SON OF LATE K.A.THIMMAPPA GOWDA, AGED ABOUT 64 YEARS, RESIDING AT SHOBHA OPAL APARTMENT, A2-104, 39^TH CROSS, 4^TH T BLOCK, JAYANAGAR, BANGALORE - 560 041.

…RESPONDENT

(BY SRI. KIRAN B.S., ADVOCATE FOR C/R)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) SETTING ASIDE ALL ORDERS PASSED BY THE LEARNED VI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-11), IN OS NO. 2342/2020 AS BEING BARRED BY LAW AFTER THE IMPOSITION OF MORATORIUM ON 07/04/2022, INCLUDING THE FINAL ORDER DATED 05/09/2023 (ANN-A) AND ETC.,

IN WP NO. 25264/2024

BETWEEN:

GREEN FARM TECH PRIVATE LIMITED, A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956. HAVING REGISTERED OFFICE AT 325/1, RMV, EXTENSION, 5^TH CROSS, 14^TH MAIN, SADASHIVNAGAR, BANGALORE - 560 080, THOROUGH ITS RESOLUTION PROFESSIONAL MR. JUGRAJ SINGH BEDI, REG. NO. IBBI/IPA-01/IP-P00731/2017-18/11208

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HC-KAR

APPOINTED VIDE ORDER DATED 20.02.2020 BY THE HON'BLE NATIONAL COMPANY LAW TRIBUNAL, BENGALURU.

...PETITIONER

(BY SRI. SRINANDAN K., ADVOCATE)

AND:

DR. KANKERE THIMMAPPA GOWDA MAHESH, SON OF LATE K.A THIMMAPPA GOWDA, AGED ABOUT 64 YEARS, RESIDING AT SHOBHA, OPAL APARTMENT, A2-104, 39^TH CROSS, 4^TH 'T', BLOCK, JAYANAGAR, BANGALORE - 560 041.

...RESPONDENT

(BY SRI. KIRAN B S., ADVOCATE FOR C/R)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) SETTING ASIDE THE ENTIRE PROCEEDINGS IN OS NO.2347/2020 ALONG WITH THE FINAL ORDER DATED 05/09/2023 PASSED BY LEARNED VI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH11), AS BEING BARRED BY LAW (ANNX-A) AND ETC.,

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HC-KAR

THESE PETITIONS, COMING ON FOR PRELIMINARY

HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL COMMON ORDER

1. Petitioner in W.P.No.25265/2024 is before this Court

seeking for the following reliefs:

"i) Issue a writ of Certiorari or any other appropriate writ, setting aside all orders passed by the learned VI Additional City Civil and Sessions Judge, Bengaluru (CCH-11), in O.S.No.2342/2020 as being barred by law after the imposition of moratorium on 07.04.2022, including the final order dated 05.09.2023 (Annexure-A);

ii) Issue a writ of Certiorari or any other appropriate writ, setting aside the Execution Petition and all orders passed in Ex.P.No.121/2024 including the order dated 27.07.2024 passed by the learned VI Additional City Civil and Sessions Judge, Bengaluru (CCH-11) (Annexure-B); and

iii) Grant such other relief/s as this Hon'ble Court may deem fit, in the facts and circumstances of the case."

2. Petitioner in W.P.No.25264/2024 is before this Court

seeking for the following reliefs:

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HC-KAR

"i) Issue a writ of Certiorari or any other appropriate writ, setting aside the entire proceedings in O.S.No.2347/2020 along with the final order dated 05.09.2023 passed by learned VI Additional City Civil and Sessions Judge, Bengaluru (CCH-11), as being barred by law (Annexure-A);

ii) Issue a writ of Certiorari or any other appropriate writ, setting aside the Execution Petition and all orders passed in Ex.P.No.122/2024 including the order dated 27.07.2024 passed by the learned VI Additional City Civil and Sessions Judge, Bengaluru (CCH-11) (Annexure-B); and

iii) Grant such other relief/s as this Hon'ble Court may deem fit, in the facts and circumstances of the case."

3. What is essentially challenged in both these petitions

are the orders dated 07.04.2022 and 05.09.2023 passed in OS No.2342/2020 and O.S.No.2347/2020 by the VI Additional City Civil and Sessions Judge, Bengaluru (hereinafter referred to as 'Trial Court'), on an application filed under Order XII Rule 6 of the

Code of Civil Procedure, 1908 ('CPC', for short).

4. Writ petitions challenging the orders passed by the Trial Court and seeking for quashing of the same by issuance of a writ of certiorari are not maintainable. The petitioner could well avail of the remedies

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available under the Civil Procedure Code in respect

of the order if at all aggrieved by the same.

5. Reserving liberty to the petitioner to do so, the petitions stand disposed of .

6. Before parting with the above matters, there is one other incidental issue which is arising, which is of considerable importance. The respondent has made certain allegations in the statement of objections against the counsel who appears for the petitioner. The counsel for respondent now withdraws all the personal allegations which have been made against the counsel for the petitioner.

7. Hence, placing the said submission on record, the allegations made against the counsel for the petitioner stands withdrawn.

8. Benefit of Section 14 of Limitation Act is provided to the petitioner.

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HC-KAR

9. In view of disposal of main petitions, pending

Interlocutory Applications stand disposed of.

Sd/(SURAJ GOVINDARAJ) JUDGE

MKM

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