Karnataka High Court
Shapos Services Private Limited vs Au Small Finance Bank Limited on 23 September, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:39497
WP No. 15662 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 15662 OF 2024 (GM-DRT)
BETWEEN:
SHAPOS SERVICES PRIVATE LIMITED
A COMPANY INCORPORATED UNDER THE
PROVISIONS OF THE COMPANIES ACT, 2013,
BEARING CIN: U74110KA2020PTC134121
HAVING ITS REGISTERED OFFICE AT:
1207/343, 9TH MAIN, 7TH SECTOR, HSR LAYOUT
BANGALORE, KARNATAKA-560102, INDIA
THROUGH ITS AUTHORIZED REPRESENTATIVE:
MS. RUMELI SARKAR - WORKING AS LEGAL AND
COMPLIANCE EXECUTIVE.
...PETITIONER
(BY SRI. RAMMOHAN T.M., ADVOCATE)
AND:
1. AU SMALL FINANCE BANK LIMITED
A COMPANY INCORPORATED UNDER THE
Digitally signed by PROVISIONS OF THE COMPANIES ACT, 2013,
R HEMALATHA
HAVING ITS REGISTERED OFFICE AT
Location: HIGH
COURT OF 19A, DHULESHWAR GARDEN, AJMER ROAD,
KARNATAKA JAIPUR, RAJASTHAN-302001
HAVING ITS BRANCH OFFICE AT
UNIT NO.39, 40, 40A AND 41, AVENUE ROAD CHICKPET,
BENGALURU - 560002.
2. BANK OF MAHARASHTRA
A COMPANY INCORPORATED UNDER THE
PROVISIONS OF THE COMPANIES ACT, 2013,
HAVING ITS REGISTERED OFFICE AT:
NO.28, 2ND CROSS KAMRAJ COLONY
HOSUR, HOSUR TAMIL NADU-635 109.
-2-
NC: 2024:KHC:39497
WP No. 15662 of 2024
3. TATA CAPITAL FINANCIAL SERVICES LTD.
A COMPANY INCORPORATED UNDER THE
PROVISIONS OF THE COMPANIES ACT, 2013,
HAVING ITS REGISTERED OFFICE AT
11TH FLOOR, TOWER A, PENINSULA BUSINESS
PARK, GANPATRAO KADAM MARG,
LOWER PAREL, MUMBAI-400 013.
4. STATE BANK OF INDIA
A COMPANY INCORPORATED UNDER THE
PROVISIONS OF THE COMPANIES ACT, 2013,
HAVING ITS REGISTERED OFFICE AT
CORPORATE CENTRE, MADAME CAMA ROAD,
NARIMAN POINT, MUMBAI-400 021.
5. VIVRITI CAPITAL LIMITED
A COMPANY INCORPORATED UNDER THE
PROVISIONS OF THE COMPANIES ACT, 2013,
HAVING ITS REGISTERED OFFICE AT:
PRESTIGE ZACKRIA METROPOLITAN
NO.200/1-8, 2ND FLOOR, BLOCK 1, ANNA SALAI,
CHENNAI-600 002.
6. MINIONS VENTURES PRIVATE LIMITED
A COMPANY INCORPORATED UNDER THE
PROVISIONS OF THE COMPANIES ACT, 2013,
HAVING ITS REGISTERED OFFICE AT:
WING A, GROUND FLOOR, OFFICE-1 BLOCK A,
SALARPURIA SOFTZONE, BELLANDUR VILLAGE
VARTHUR HOBLI, BANGALORE,
KARNATAKA, INDIA - 560 103.
7. HDFC BANK LIMITED
A COMPANY INCORPORATED UNDER THE
PROVISIONS OF THE COMPANIES ACT, 2013,
HAVING ITS REGISTERED OFFICE AT:
HDFC BANK HOUSE, SENAPATI BAPAT MARG,
LOWER PAREL, MUMBAI, MAHARASHTRA-400 013.
8. INCRED FINANCIAL SERVICES LIMITED
A COMPANY INCORPORATED UNDER THE
PROVISIONS OF THE COMPANIES ACT, 2013,
HAVING ITS REGISTERED OFFICE AT:
UNIT NO.1203, 12TH FLOOR, B WING
THE CAPITAL, PLOT NO. C-70, G BLOCK,
-3-
NC: 2024:KHC:39497
WP No. 15662 of 2024
BANDRA - KURLA COMPLEX,
MUMBAI-400 051, MAHARASHTRA.
9. GROW MONEY CAPITAL PRIVATE LIMITED
A COMPANY INCORPORATED UNDER THE
PROVISIONS OF THE COMPANIES ACT, 2013,
HAVING ITS REGISTERED OFFICE AT:
FLAT NO. 401, NEW DELHI HOUSE 27,
BARAKHAMBA ROAD
NEW DELHI DL-110 001.
10. HSBC LIMITED
A COMPANY INCORPORATED UNDER THE
PROVISIONS OF THE COMPANIES ACT, 2013,
HAVING ITS REGISTERED OFFICE AT:
HONGKONG BANK BUILDING INDIA AREA
MANAGEMENT, 5TH FLOOR, 52/60, M.G. ROAD,
FORT, MUMBAI-400 001.
11. AXIS TRUSTEE SERVICES LIMITED
A COMPANY INCORPORATED UNDER THE
PROVISIONS OF THE COMPANIES ACT, 2013,
HAVING ITS REGISTERED OFFICE AT:
AXIS HOUSE, BOMBAY DYEING MILLS
COMPOUND, PANDHURANG BUDHKAR MARG,
WORLI MUMBAI - 400 251.
...RESPONDENTS
(BY SRI. GURURAJ YADRAVI, ADVOCATE FOR R-3;
VIDE ORDER DATED 18.06.2024, R1 & R2 ARE DELETED
AND NOTICE R4 TO R14 IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
STAY THE OPERATION OF THE IMPUGNED ORDER DATED
31/05/2024 UNTIL DISPOSAL OF THE PRESENT PETITION AND
QUASH AND SETTING ASIDE THE IMPUGNED ORDER DATED
31/05/2024 PASSED BY THE R1 IN IA NO. 308 OF 2024 IN T.A.
NO. 17 OF 2023 FILED BY THE R3 AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
-4-
NC: 2024:KHC:39497
WP No. 15662 of 2024
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The learned counsel for the petitioner submits that the relief sought for in this petition does not survive for consideration in view of the order dated 17.09.2024 passed in C.P.(IB) No.78/BB/2024 by the National Company Law Tribunal, Bengaluru Bench, Bengaluru under Section 7 of the Insolvency and Bankruptcy Code, 2016.
The memo filed by the learned counsel for the petitioner is placed on record.
Accordingly, writ petition stands dismissed as having become infructuous.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE BKM