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2026 Supreme(Online)(Kar) 8859
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Sachin Shankar Magadum, J
MR. RAMESH L JARKIHOLI – Appellant
Versus
THE REGISTRAR – Respondent
WRIT PETITION NO. 6357 OF 2026 (GM-RES)
For the Appellants/Petitioners: Adith S Jahgirdar
For the Respondents:
When a competent tribunal is already seized of a matter and co-ordinate benches have consistently relegated similar petitions to that forum, the High Court may dispose of the writ petition by directing the party to seek relief from the tribunal.
Headnote:The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash an order dated 19.12.2023 passed by the National Company Law Tribunal (NCLT), Bengaluru Bench in C. P. (IB) NO. 02/BB/2023. A memo was subsequently filed indicating that the NCLT is currently seized of the matter and that co-ordinate benches of the High Court had already disposed of similar petitions involving other directors of the same company by granting liberty to approach the NCLT. The court considered whether further adjudication was necessary in the writ petition given that the competent forum is already seized of the matter. The court reasoned that in alignment with the decisions of co-ordinate benches in identical matters, the petitioner should be relegated to the NCLT to avail the appropriate legal remedies. Accordingly, the present writ petition stands disposed of reserving liberty to the petitioner to approach the National Company Law Tribunal by filing an appropriate application, if not already filed, seeking such reliefs as are available in law.
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE AND CONSEQUENTIALLY QUASH THE ORDER DATED 19.12.2023 OF THE HONBLE NATIONAL COMPANY LAW TRIBUNAL, BENGALURU BENCH IN C. P. (IB) NO. 02/BB/2023 ANNX-C AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
Learned counsel appearing for the petitioner has placed on record a memo dated 05.03.2026 bringing certain subsequent developments to the notice of this Court. It is indicated in the said memo that the subject matter involved in the present writ petition is presently seized of by the National Company Law Tribunal (for short, “NCLT”). It is further stated that in respect of identical matters arising out of the affairs of the very same company, involving other directors, the Co-ordinate Benches of this Court have already disposed of similar writ petitions by reserving liberty to the concerned directors to approach the NCLT by filing appropriate applications seeking necessary reliefs.
Taking note of the said memo and having regard to the orders passed by the Co-ordinate Benches of this Court in similar matters pertaining to the same company, this Court is of the considered view that no further adjudication is required in the present writ petition at this stage. Since the competent forum presently seized of the matter is the NCLT, it would be appropriate to relegate the petitioner to avail the remedy before the said Tribunal.
Accordingly, the present writ petition stands disposed of reserving liberty to the petitioner to approach the National Company Law Tribunal by filing an appropriate application, if not already filed, seeking such reliefs as are available in law.
If such an application is filed by the petitioner, the NCLT shall consider and decide the same on its own merits and in accordance with law.
