Karnataka High Court
Aubergine Properties Private Limited vs Axis Trustee Services Limited on 27 October, 2025
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NC: 2025:KHC:42484
WP NO.31666 OF 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE E.S. INDIRESH
WRIT PETITION NO.31666 OF 2025 (GM-RES)
BETWEEN:
1. AUBERGINE PROPERTIES PRIVATE LIMITED
A PRIVATE LIMITED COMPANY,
HAVING ITS REGISTERED OFFICE AT:
NO.11, G.C. ROAD, ULSOOR,
BENGALURU,
KARNATAKA - 560 042.
2. MR. ANTONY KUNNEL GEORGE
MANAGING DIRECTOR OF
AUBERGINE PROPERTIES PRIVATE LIMITED.
HAVING ITS REGISTERED OFFICE AT:
NO.11, G.C. ROAD, ULSOOR,
BENGALURU - 560 042.
...PETITIONERS
(BY SRI. SURESH T.S., ADVOCATE)
AND:
Digitally signed by
ARUNKUMAR M S AXIS TRUSTEE SERVICES LIMITED
Location: HIGH A PRIVATE LIMITED COMPANY
COURT OF
KARNATAKA HAVING ITS REGISTERED OFFICE AT:
AXIS HOUSE, BOMBAY DYEING MILLS COMPOUND,
PANDURANG, BHUDHKAR MARG,
MUMBAI - 400 025.
...RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
RESTRAIN FROM TAKING ANY STEPS PURSUANT TO OR IN
FURTHERANCE OF THE NOTICE DATED 29TH SEPTEMBER, 2025
ISSUED FOR CONVENING AN EXTRAORDINARY GENERAL
MEETING (EGM) OF THE PETITIONER NO.1-COMPANY
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NC: 2025:KHC:42484
WP NO.31666 OF 2025
HC-KAR
SCEHDULED ON 24TH OCTOBER, 2025 VIDE ANNEXURE-A,
PENDING CONSIDERATION AND FINAL DISPOSAL OF THE
APPEAL FILED BY THE PETITIONERS BEFORE THE HON'BLE
NATIONAL COMPANY LAW APPELLATE TRIBUNAL, CHENNAI;
DIRECT THE NATIONAL COMPANY LAW APPELLATE TRIBUNAL
TO HEAR AND PASS APPROPRIATE ORDERS ON THE
APPLICATION FILED BY THE PETTIIONER IN THE APPEAL FOR
STAY OF THE ORDER DATED 24TH JULY, 2025 PASSED BY
NATIONAL COMPANY LAW TRIBUNAL, BENGALURU BRANCH
WITHIN A SPECIFIED TIME FRAME; AND ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH
ORAL ORDER
In this writ petition, petitioners are seeking direction to the National Company Law Appellate Tribunal (NCLAT), Chennai with regard the proceedings pending therein.
2. In that view of the matter, I am of the view that the writ petition is not maintainable under Article 226 of the Constitution of India, before the learned Single Judge of the High Court.
3. Accordingly, writ petition is dismissed.
SD/-
(E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 6