Dismissed¶61

Garvit Khandelwal v. Union of India

Andhra Pradesh HC4 May 2025WP/592/2024

Case brief

AI extract

What is this about?

Andhra Pradesh High Court, Amaravati; W.P. No. 592 of 2024; Garvit Khandelwal v. Union of India; writ of Prohibition; NCLT jurisdiction; Section 95 of IBC, 2016; CP (IB) 121 of 2022; IDBI Bank insolvency petition against petitioner; Article 226 Constitution of India; Section 151 CPC stay applications; interim order 30-04-2024; dismissal as withdrawn without costs; no adjudication on merits; Subba Reddy Satti, J.; decided 05/05/2025.

What did the court decide?

Permission to withdraw the writ petition; no order as to costs; no relief granted on merits; miscellaneous petitions, if any pending, stand closed. ¶61

Garvit Khandelwal Vs Union of India — Insolvency and Bankruptcy | Andhra Pradesh HC (2025)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

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VTJir:

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MONDAY, THE FIFTH DAY OF MAY - TWO THOUSAND AND TWENTY FIVE

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PRESENT

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T^kChON’BLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 592 OF 2024

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Between:

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Garvit Khandelwal, S/o Brajendra Khandewal, Aged about 36 years, R/o 7-55-33/17, Rk Beach Swagruha Coral, Visakhapatnam - 530003.

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...PETITIONER

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AND

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Union of India, Kep by its Rrincipal Secretary Ministry of Corporate Affairs, New Delhi.

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Honourable National Company Law Tribunal, Rep by its Registrar, Amaravathi.

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IDBI Bank, Represented by its Authorized Officer 2nd Floor, NPA Management Group #5-9-89/1862, Chapel Road, Hyderabad^-500001

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or direction preferably writ of Prohibition declaring the 2nd Respondent Tribunal has no jurisdiction to entertain Petition filed under Section 95 of IBC, 2016 vide CP (IB) 121 of 2022, by the 3rd Respondent against the Petitioner in light of Scheme of IBC, 2016 and consequentially direct the cessation of the proceedings in C.P.(IB) No 121 of 2022 on the file of Hon'ble National Company Law Tribunal.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the^{circumstances}

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stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings in C.P.(IB).No.121 of 2022, on the file of the Hon’ble National Company Law Tribunal, pending disposal oftheC.R.P.

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lA NO: 2 OF 2024

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Between:

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IDBI Bank, Represented by its Authorized Officer 2nd Floor, NPA Management Group #5-9-89/1862, Chapel Road, Hyderabad^-500001

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...VACATE STAY PETITIONER/3'^° RESPONDENT IN WP NO. 592/2024 AND

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Garvit Khandelwal, S/o Brajendra Khandewal, Aged about 36 years, R/b 7-5-5-33/17, Rk Beach Swagruha Coral, Visakhapatnam^-530003.

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...RESPONDENT/WRIT PETITIONER

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Union of India, Rep by its Principal Secretary Ministry of Corporate Affairs, New Delhi.

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Honourable Natipoa I Company Law Tribunal, Rep by its Registrar, Amaravathi.

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...RESPONDENTS / RESPONDENTS

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the Interim Order Dated 30-04-2024 granted in W.P.No. 59^f 2024 with costs.

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r/ / I

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Counsel for the Petitioner: SRI T V P SAI VIHARI

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Counsel for the Respondent No.1: SRI Y V ANIL KUMAR (CENTRAL GOVERNMENT COUNSEL)

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Counsel for the Respondent No.3: SRI S SATYANARAYANA^MOORTHY

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Counsel for the Respondent No.2: —

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The Court made the following: ORDER

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APHC010007522024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT! (Special Original Jurisdiction)

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[3331]

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MONDAY,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 592/2024

Between:

Garvit Khandelwal

...PETITIONER

AND

Union Of India and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1.TVPSAI VIHARI

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Counsel for the Respondent(S):

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1.S SATYANARAYANA MOORTHY

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DEPUTY SOLICITOR GENERAL OF INDIA

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3.Y V.ANIL KUMAR (Central Government Counsel)

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The Court made the following:

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:: ORDER ::

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In pursuance of the Court Slip dated 02.05.2025 learned counsel for the petitioner seeks permission of this Court to withdraw the present writ petition.

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Permission is accorded.

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Accordingly, this Writ Petition is dismissed as withdrawn.^Noorderasto

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costs.

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Miscellaneous petitions, if any pending, in this case,^{shallstandclosed.}

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//TRUE COPY//

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Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR