Dismissed

Mr. Baaskaran. S v. the Registrar

Karnataka HC15 Mar 2024WP/17402/2023

Case brief

AI extract

What is this about?

Petitioner sought writ of prohibition declaring an IBC Section 9 petition before NCLT Bengaluru non-maintainable. Since he had already appealed the admission order before NCLAT, the High Court disposed of the writ as not maintainable, permitting pursuance of the NCLAT appeal and extending its interim stay by four weeks.

What did the court decide?

Writ disposed as not maintainable; interim stay extended four weeks; pending I.As. No.3/2023 and Nos.1-4/2024 dismissed; parties permitted to seek orders from NCLAT.

Mr. Baaskaran. S Vs the Registrar — Insolvency and Bankruptcy | Karnataka HC (2024)

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NC: 2024:KHC:10687-DB WP No. 17402 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF MARCH, 2024

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PRESENT

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THE HON'BLE MR. JUSTICE S.G.PANDIT

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AND

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THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO.17402 OF 2023 (GM-RES)

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BETWEEN:

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MR. BAASKARAN S. S/O. A.V. SUBRAMANIAN DEEKSHADAR, AGED ABOUT 54 YEARS, DIRECTOR OF TARUN REALTORS PRIVATE LIMITED, REGISTERED UNDER COMPANIES ACT, 1956, RESIDING AT APT 412, SOBHA QUARTZ, SARJAPUR ORR, BELLANDUR, BENGALURU - 560 103.

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…PETITIONER

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Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA

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(BY SRI. SRINANDAN K., ADVOCATE)

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AND:

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THE REGISTRAR NATIONAL COMPANY LAW TRIBUNAL, BANGALORE BENCH, RAHEJA TOWERS, 12^TH FLOOR, M.G. ROAD, BENGALURU - 560 001.

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ACE ENVIRO TECH PVT. LTD. REGISTERED UNDER COMPANIES ACT 1956, BASAVA SADANA NO.117, 3^RD FLOOR, COLES ROAD, FRASER TOWN,

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NC: 2024:KHC:10687-DB WP No. 17402 of 2023

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BENGALURU - 560 005, REPRESENTED BY ITS DIRECTOR.

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MR. VENKATA SUBBARAO KALVA INTERIM RESOLUTION PROFESSIONAL IN CP (IB) NO. 72/BB/2021-NCLT-BANGALORE, BEARING REGISTRATION NO. IBBI/IPA-002/IP-N00179/2017-2018/10655, HAVING REGISTERED OFFICE AT NO.41/1, 2^ND FLOOR, 11^TH CROSS, 8^TH MAIN, JAYANAGAR 2^ND BLOCK, BENGALURU - 560 011.

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…RESPONDENTS

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(BY SRI. ATUL MADAVAN, ADVOCATE FOR R-2; SRI. HEMANTH R. RAO, ADVOCATE FOR R-3;

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SRI. DHYAN CHINNAPPA, SENIOR COUNSEL FOR SRI. SAGAR B.B., COUNSEL FOR IMPLEADING APPLICANTS IN I.A. Nos.1 TO 4 OF 2024.)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226

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AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN DECLARATION THAT CP(IB) No. 72/BB/2021 FILED UNDER SECTION 9 OF THE I AND B CODE BEFORE THE HON'BLE NCLT, BENGALURU BENCH AT ANNEXURE-C IS NOT MAINTAINABLE FOR WANT OF JURISDICTION AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

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S.G. PANDIT J., MADE THE FOLLOWING:

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3 - NC: 2024:KHC:10687-DB WP No. 17402 of 2023

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ORDER

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Petitioner is before this Court praying to declare proceedings in CP(IB) No.72/BB/2021 initiated under Section 9 of the Insolvency and Bankruptcy Code, 2016 before the National Company Law Tribunal, Bench at Bengaluru (for short, 'NCLT'), as not maintainable and praying to issue a writ of prohibition and terminating the jurisdiction of the NCLT, Bengaluru, in respect of CP(IB) No.72/BB/2021. Petitioner has also sought for an interim prayer to stay all further proceedings in CP(IB) No.72/BB/2021.

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Heard Sri. Srinandan K., learned counsel for the petitioner, Sri.Atul Madavan, learned counsel for respondent No.2, Sri. Hemanth R. Rao, learned counsel for respondent No.3 and Sri. Dhyan Chinnappa, learned Senior Counsel appearing for Sri. Sagar B.B., learned counsel for applicant in I.A. Nos.1 to 4 of 2024. Perused the writ petition papers.

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This Court by interim order dated 16.08.2023, stayed further proceedings in CP(IB) No.72/BB/2021 pending before the NCLT, Bengaluru Bench.

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4 - NC: 2024:KHC:10687-DB WP No. 17402 of 2023

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Learned counsel appearing for respondent No.2 would submit that an appeal has been filed against the order dated 20.07.2023 admitting the petition, in Filing No.9805111/01651/2023 before the National Company Law Appellate Tribunal (for short, 'NCLAT').

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Since the remedy of statutory appeal against the order dated 20.07.2023 admitting the petition CP(IB) No.72/BB/2021 has already been availed, the present writ petition would not be maintainable. It is also to be noted that no parallel proceedings could be maintained before different authorities against the same order.

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In the light of the above observation, writ petition is disposed of as not maintainable, permitting pursuance of the appeal already filed before the NCLAT.

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Learned counsel for the petitioner would submit that the appeal filed before the NCLAT is not yet listed. Hence, to enable the petitioner to move the NCLAT, interim order passed by this Court on 16.08.2023 is extended by four weeks from today.

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NC: 2024:KHC:10687-DB WP No. 17402 of 2023

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In the meanwhile, it is open for the impleading applicants as well as respondent No.3 to move the NCLAT for appropriate orders.

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In view of disposal of the main petition, pending I.A. No.3 of 2023 and I.As. No.1 to 4 of 2024 are dismissed as they do not survive for consideration.

Sd/JUDGE

Sd/JUDGE

sac

List No.: 1 Sl No.: 9

Mr. Baaskaran. S v. the Registrar

Case brief

What is this about?

What did the court decide?

Mr. Baaskaran. S v. the Registrar

Case brief

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What did the court decide?

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