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Judgment
Though the matter is listed for preliminary hearing, with consent, it is heard finally.
The petition is filed seeking to quash the order dated 23.09.2026 passed by the Karnataka Appellate Tribunal, Bengaluru, in Appeal No.103/2026, vide Annexure-A.
Counsel for the respective parties advanced several contentions.
Counsel for the petitioner submits that, following the award, an appeal was filed along with an application to stay the award. The KAT rejected the application. He argued that the auction is scheduled for 09.10.2026. The Tribunal was informed that Form No.8 had been issued and that the property auction was scheduled for those dates. The Tribunal declined to grant a stay. Accordingly, he submits that an appropriate order may be passed.
Counsel for respondent No.1 and the Additional Government Advocate, urging certain contentions, submit that an appropriate order may be passed.
Heard the arguments and perused the papers with care.
The issue is narrow and concerns the KAT’s order declining to pass an appropriate order on the interim application. It is sufficient to note that the award was challenged before the Tribunal and that an interim order was also sought. Counsel for the petitioner specifically contends that the Tribunal failed to consider the submissions regarding the scheduling and auctioning of the property and declined to grant interim relief.
A review of the records shows that the property auctions are scheduled for 09.10.2026. The impugned order appears not to have addressed these contentions. Accordingly, this Court deems it appropriate to set aside the Tribunal’s order on the interim application and direct the Tribunal to rehear the application, taking into account the contentions advanced by the respective parties.
The writ of certiorari is ordered. The order dated 23.09.2026 passed by the Karnataka Appellate Tribunal, Bengaluru, in Appeal No.103/2026, at Annexure-A, is quashed. The Appellate Tribunal is directed to hear the application afresh and pass appropriate orders on or before 05.10.2026.
Resultantly, the writ petition is disposed of.
As the Court has only directed to dispose of the application afresh, there is no need to issue notice to other respondents.