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2025 DIGILAW 1387 (KAR)

Canara Bank, Represented By Its Chief Manager Mr. Ranjan Kumar v. Competent Authority for M/S Shri Shanmuga Financiers, rep. By Its Competent Authority Smt. Mangala S. M.

2025-11-25

ANU SIVARAMAN, VIJAYKUMAR A.PATIL

body2025
JUDGMENT : VIJAYKUMAR A. PATIL, J. These appeals are filed by the Canara Bank and the Resolution Professional of Sree Shanmuga Modern Rice Mills Private Limited challenging the orders passed in the miscellaneous cases by the XCI Additional City Civil and Sessions Judge and Special Judge for KPIDFE Cases, Bengaluru (CCH-92) as under: 2. Sri.Hemanth R.Rao, learned counsel appearing for the appellants submits that the appellants were not arrayed as parties before the Special Court and hence, they were not aware about the passing of the order by the Special Court under Section 5(2) of the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004 (hereinafter referred to as 'the Act'). It is submitted that the Canara Bank is a secured creditor and its charge is prior than the attachment order. It is further submitted that the proceedings were initiated under the provisions of the Insolvency and Bankruptcy Code, 2016 (IBC) and an order under Section 14 of the IBC came to be passed on 17.03.2023 and in view of the said order, the impugned order of the Special Court is liable to be set aside. It is also submitted that both the appellants have filed writ petitions in W.P.Nos.1880/2022 and 16377/2021. The learned Single Judge of this Court, considering the rival contentions allowed the writ petitions holding that the attachment order insofar as the secured  properties as regards which any mortgage or security interest has been created in favour of any member of the Committee of Creditors, shall stand vacated. It is contended that in view of the aforesaid orders of the learned Single Judge, the appeals are required to be allowed. 3. Per contra, Sri.Veeresh R.Budihal, learned counsel for the respondent No.1 supports the impugned order of the Special Court and submits that there is no dispute with regard to the orders passed by the learned Single Judge in the aforesaid writ petitions. However, as there is a law declared by the Hon'ble Supreme Court in the case of NATIONAL SPOT EXCHANGE LIMITED VS. UNION OF INDIA AND ORS. , W.P.(Civil) No.995/2019 dt. However, as there is a law declared by the Hon'ble Supreme Court in the case of NATIONAL SPOT EXCHANGE LIMITED VS. UNION OF INDIA AND ORS. , W.P.(Civil) No.995/2019 dt. 15.05.25 wherein it was held that the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999, has an overriding effect on the proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 as well as the IBC and therefore, the question of interference would not arise. Hence, he seeks dismissal of the appeals. 4. We have heard the arguments of the learned counsel for the appellants, learned counsel for the respondent No.1 and meticulously perused the material available on record. We have given our anxious consideration to the submissions advanced on both sides. 5. In these appeals, the secured creditors-Canara Bank and the Resolution Professional of Sree Shanmuga Modern Rice Mills Private Limited filed appeals assailing the orders of the Special Court, wherein the Special Court has passed an order under Section 5(2) of the Act confirming the attachment orders dated 24.02.2022. It is noticed that the appellants were not parties to the proceedings before the Special Court. It is also noticed that in the writ petitions filed by the appellants before this Court, the Competent Authority was not arrayed as a party. In W.P.No.1880/2022 filed by the Canara Bank against the State of Karnataka and others, the learned Single Judge vide order dated 13.12.2024 partly allowed the writ petition. The operative portion of the said reads as under: "i. The writ petition is partly allowed; ii. The proceeding under the KPID Act though shall continue the attachment order passed in respect of the properties as regard which the security interest as been created in favor of the petitioner - bank shall stand vacated; iii. The question of any release of the said properties to the petitioner - bank would not arise." 6. The writ petition filed by the Resolution Professional of Sree Shanmuga Modern Rice Mills Private Limited in W.P.No.16377/2021 came to be disposed of on 13.12.2024 by the learned Single Judge. The operative portion of the said reads as under: "i. The writ petition is allowed, thought the proceedings under the KPID Act shall continue, the same shall be subject to the outcome of the insolvency proceedings undertaken in respect of the petitioner. The operative portion of the said reads as under: "i. The writ petition is allowed, thought the proceedings under the KPID Act shall continue, the same shall be subject to the outcome of the insolvency proceedings undertaken in respect of the petitioner. The attachment order in so far as any secured properties as regards which any mortgagee or security interest has been created in favour of any member of the committee of creditors shall stand vacated. ii. The secured creditors in respect of those properties could be entitled to deal with them in accordance with law and as per the security interest credited in favour of the secured creditor, as regards which there is any attachment but no security interest which is created the attachment order is quashed, subject to any amount being received being over and above the requirement of discharging all the creditors of the petitioner company to be deposited with the authorities ceased of the proceedings under the KPID Act." 7. We have perused the orders passed by the learned Single Judge in the aforesaid writ petitions. The said orders make it very clear that the attachment order insofar as any secured creditors as regards which any mortgage or any security interest has been created in favour of any member of the Committee of the Creditors, shall stand vacated. In view of the specific finding and direction, we are of the considered view that there was nothing before the Special Court to pass the order of confirmation. It cannot be lost sight of the fact that the Competent Authority was not arrayed as a party before the learned Single Judge in both the petitions. Hence, the interest of justice would be met if express liberty is reserved to the Competent Authority to take appropriate steps including the challenge to the orders of the learned Single Judge or to seek review of the said order in view of the decision of the Hon'ble Supreme Court in the case of NATIONAL SPOT EXCHANGE, referred supra. 8. With the aforesaid observation and liberty, the appeals are allowed. The impugned orders dated 03.05.2025 passed in Misc.Nos.1443/2024, 249/2025, 162/2025, 162/2025 and 37/2025, respectively passed by the XCI Additional City Civil and Sessions Judge and Special Judge for KPIDFE Cases, Bengaluru (CCH-92) are set aside. 8. With the aforesaid observation and liberty, the appeals are allowed. The impugned orders dated 03.05.2025 passed in Misc.Nos.1443/2024, 249/2025, 162/2025, 162/2025 and 37/2025, respectively passed by the XCI Additional City Civil and Sessions Judge and Special Judge for KPIDFE Cases, Bengaluru (CCH-92) are set aside. It is needless to observe that if the Competent Authority succeeds in its endeavour to seek the review or modification of the order of the learned Single Judge, it is open for the Competent Authority to seek continuation of further proceedings under the Act insofar as the properties concerned under these proceedings. In view of the disposal of the appeals, the pending applications, if any, are also disposed of.