# M/S. SPML INFRA LIMITED vs. SRI MAHESHA K.E.S. & ANR.

> SC judgment dated 2026-01-15. Citation: TCN-2025-SC-00103. A Special Leave Petition (SLP) was filed before the Supreme Court challenging a High Court of…

- **Court:** SC
- **Order date:** 15 Jan 2026
- **Citation:** TCN-2025-SC-00103
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/ms-spml-infra-limited-vs-sri-mahesha-kes-anr-l6f1h

## Summary

### Background

A Special Leave Petition (SLP) was filed before the Supreme Court challenging a High Court of Karnataka order dated 15-12-2025. The High Court had stayed an NCLT order dated 10.12.2025, which admitted a corporate debtor (Cauvery Neeravari Nigama Limited) to corporate insolvency proceedings. The High Court reasoned that the NCLT could not have admitted the petition as the company was a government company involved in sovereign functions.

## Facts

A Writ Petition (WP No. 37920/2025) was filed in the High Court of Karnataka at Bengaluru.

The High Court passed an order on 15-12-2025, which is the impugned order in this Special Leave Petition.

The High Court had stayed an NCLT order dated 10.12.2025 (CP (IB) No.39/BB/of2022) and further proceedings pursuant to a paper publication dated 13.12.2025.

The High Court reasoned that the NCLT could not have admitted corporate insolvency proceedings against Cauvery Neeravari Nigama Limited because it is a government company involved in sovereign functions.

The petition before the NCLT was filed by the suspended Managing Director of Cauvery Neeravari Nigama Limited.

The Supreme Court heard the Special Leave Petition on 15-01-2026.

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## Issues and analysis

### Issue 1: Whether the High Court was justified in exercising its writ jurisdiction under Articles 226 & …

**Ratio:** When a specific statutory appellate remedy is provided (e.g., appeal to NCLAT under

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**Reasoning:** The Supreme Court explicitly stated its view that "instead of invoking the writ

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**Interpretation:** The principle of alternative effective remedy dictates that High Courts should

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**Application:** The Supreme Court disposed of the Special Leave Petition, effectively endorsing

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## Parties

- **Judges:** J.B. PARD…; K.V. VISWA…
- **Appellants:** M/S. SPML INFRA…
- **Respondents:** Cauvery Neeravari…; MAHESHA K.E.S. &…
- **Other parties:** suspended…
- **Advocates:** Navin P…; Kausik Chat…; +18 more

## Timeline

- **10.12.2025 — NCLT Ord…**: NCLT, Bangalore passed an order in CP (IB) No.39/BB/of2022 admitting corporate insolvency…
- **13.12.2025 — Paper Publi…**: Paper publication issued in…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61 — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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