IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 6131 OF 2026 (GM-RES)

C/W.

WRIT PETITION NO.6112 OF 2026 [GM-RES]

IN W.P.No.6131/2026:

BETWEEN:

MR. SHANKAR POWADE S/O LATE MR. ABAJI AGED ABOUT 58 YEARS RESIDING AT 602/A, BENADI, BELGAUM, CHIKODI, KARNATAKA 591215.

…PETITIONER (BY SRI. VIKRAM HUILGOL., SENIOR ADVCOATE FOR SRI. ADITH S JAHGIRDAR., ADVOCATE)

AND:

1. THE REGISTRAR NATIONAL COMPANY LAW TRIBUNAL, BANGALORE BENCH RAHEJA TOWERS, VITTAL MALLYA ROAD, KG HALLI, ASHOK NAGAR, BANGALORE 560001. (PRO-FORMA PARTY)

2. KARNATAKA STATE CO-OPERATIVE APEX BANK LIMITED REGISTERED UNDER THE PROVISIONS OF THE MYSORE CO-OPERATIVE SOCIETIES ACT, 1905 HAVING ITS REGISTERED OFFICE AT UTHUNGA, NO. 1, PAMPA MAHAKAVI ROAD, CHAMARAJPET, BANGALORE 560018.

REPRESENTED BY ITS CHIEF GENERAL MANAGER, MRS. MANGALA H. NAYAK.

3. RATNAKAR SHETTY S/O CHIKKAYYA SHETTY AGED ABOUT 44 YEARS RESOLUTION PROFESSIONAL HAVING REGISTRATION NO.

IBBI/IPA-001/IP-P01630/2019-2020/

HAVING OFFICE AT 16, LEVEL 3, 7^TH CROSS, SAMPIGE ROAD, OPPOSITE YES BANK, MALLESHWARAM, BANGALORE 560003.

…RESPONDENTS THIS W.P. 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 ANNEXURE-C OF THE HONBLE NATIONAL COMPANY LAW TRIBUNAL, BENGALURU BENCH IN C.P.(IB)NO. 23/BB/2023; ISSUE A WRIT OF MANDAMUS TO THE HONBLE NATIONAL COMPANY LAW TRIBUNAL, BENGALURU BENCH DIRECTING IT TO SEEK THE NOMINATION OF A RESOLUTION PROFESSIONAL FROM THE INSOLVENCY AND BANKRUPTCY BOARD OF INDIA UNDER SECTION 97(3)

OF THE INSOLVENCY AND BANKRUPTCY CODE 2016.

IN W.P.No. 6112/2026 BETWEEN:

MR. VASANT V PATIL S/O MR. VIRAGOND RAO PATIL AGED ABOUT 53 YEARS RESIDING AT R. S. NO. 211/2A YOGIKOLLA ROAD, GOKAK, BELAGAVI 591307.

…PETITIONER (BY SRI. VIKRAM HUILGOL., SENIOR ADVOCATE FOR SRI. ADITH S JAHGIRDAR., ADVOCATE)

AND:

1. THE REGISTRAR NATIONAL COMPANY LAW TRIBUNAL, BANGALORE BENCH RAHEJA TOWERS, VITTAL MALLYA ROAD, KG HALLI, ASHOK NAGAR, BANGALORE - 560001.

2. KARNATAKA STATE CO-OPERATIVE APEX BANK LIMITED REGISTERED UNDER THE PROVISIONS OF THE MYSORE CO-OPERATIVE SOCIETIES ACT, 1905 HAVING ITS REGISTERED OFFICE AT UTHUNGA, NO. 1, PAMPA MAHAKAVI ROAD, CHAMARAJPET, BANGALORE 560018.

REPRESENTED BY ITS CHIEF GENERAL MANAGER, MRS. MANGALA H. NAYAK.

3. RATNAKAR SHETTY S/O CHIKKAYYA SHETTY AGED ABOUT 44 YEARS RESOLUTION PROFESSIONAL HAVING REGISTRATION NO.

IBBI/IPA-001/IP-P01630/2019-2020/12718 HAVING OFFICE AT NO 16, LEVEL 3, 7^TH CROSS, SAMPIGE ROAD, OPPOSITE YES BANK, MALLESHWARAM, BANGALORE - 560003.

…RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE CONSEQUENTIALLY QUASH THE ORDER DATED 19.12.2023 OF THE HONBLE NATIONAL COMPANY LAW TRIBUNAL, BENGALURU BENCH IN C.P.(IB) NO. 22/BB/2023 (ANNX-C); ISSUE A WRIT OF MANDAMUS TO THE HONBLE NATIONAL COMPANY LAW TRIBUNAL, BENGALURU BENCH DIRECTING IT TO SEEK THE NOMINATION OF A RESOLUTION PROFESSIONAL FROM THE INSOLVENCY AND BANKRUPTCY BOARD OF INDIA UNDER SECTION 97(3)

OF THE INSOLVENCY AND BANKRUPTCY CODE, 2016.

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

CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners are the respondents in the application filed under Section 95 of the Insolvency and Bankruptcy Code, 2016 [for short, 'the Code'] and this application is by the second respondent. The petitioners do not dispute that the Tribunal has appointed a Resolution Professional and that this Professional has filed records which, if accepted, would bring about consequences as contemplated.

Sri Vikram Huilgol, the learned Senior Counsel for the petitioners, submits that the second respondent has nominated Resolution Professional in the application which would be impermissible insofar a personal insolvency proceeding and this would remain inarguable because of the decision of the Apex Court.