Petitioners challenged NCLT orders (Exhibits P2 & P3) directing takeover of their company's management. The Court held the impugned order was appealable, and the date for takeover had passed, dismissing the writ petition.
None. Writ Petition dismissed.
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W.P(c).No.24637/2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 04TH DAY OF DECEMBER 2020 / 13TH AGRAHAYANA, 1942 WP(C).No.24637 OF 2020(D)
PETITIONERS:
1 ANIRUDHAN AGED 62 YEARS S/O. ACHUTHAN KOVATH HOUSE, CHERUVAL P.O. PAZHAYI,, THRISSUR 680 301.
2 RAJEEVAN C.M., AGED 63 YEARS CHEERAMBATH HOUSE, MULANGU, THOTTIPAL P.O. THRISSUR 680 310.
3 SATHEESH P.P., AGED 51 YEARS, S/O. PAVITHRAN, PUTHUPPALLY HOUSE, THOTTIPPAL P.O. THRISSUR 680 310.
BY ADVS. SRI.SHABU SREEDHARAN SMT.ANJANA G. SHRI.JOBIN JOSE P. SMT.MEENU THAMPI SMT.GAYATHRI MENON
RESPONDENTS:
1 AMARJEET SINGH PROPRIETOR, VINEET ENTERPRISES, 526, ALATTUCHIRA ROAD, KODANAD, ERNAKULAM 683 544.
2 SATHIQ BUHARI, INTERIM RESOLUTION PROFESSIONAL, NATIONAL COMPANY LAW TRIBUNAL, KOCHI BENCH, COMPANY LAW BHAVAN, BMC ROAD, THRIKKAKKARA P.O. KAKKANAD, ERNAKULAM 682 021.
W.P(c).No.24637/2020
(FORMERLY CATHOLIC SYRIAN BANK LTD), PARAPPUKKARA BRANCH, REPRESENTED BY THE SENIOR MANAGER, PARAPPUKKARA, THRISSUR 680 310.
SMT.PRINCY XAVIER, GOVERNMENT PLEADER, SRI.C.A.JOY, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(c).No.24637/2020
P.V.ASHA, J.
W.P(c) No.24637 of 2020-D
Dated this the 4th day of December, 2020
JUDGMENT
The Writ Petition was filed seeking the following reliefs:
“1. To call for the records leading to Exhibits-P2 & P3 and to quash Exhibits-P2 & P3 by issuing a writ of certiorari.
2. To issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 2 & 3 to refrain from taking the management and possession of the assets of the company of the petitioners pursuant to Exhibits-P2 & P3.
3. And to pass such other appropriate writs, orders or directions which this Hon'ble Court deems fit and proper in the facts and circumstances of the case so as to secure the ends of justice.”
The date mentioned for taking over the management and possession of the
assets of the company of which the petitioners are Directors is already over and
moreover the order impugned Ext.P2 is an appealable one. Hence the Writ
Petition is dismissed.
Sd/- (P.V.ASHA, JUDGE)
rtr/
W.P(c).No.24637/2020
APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE SUMMONS ISSUED FROM THE DRT-II, ERNAKULAM TO THE 1ST PETITIONER DATED 14.9.2020.
EXHIBIT P2 THE TRUE COPY OF THE ORDER PASSED BY THE NATIONAL COMPANY LAW TRIBUNAL, KOCHI BENCH DATED 6.11.2020.
EXHIBIT P3 THE TRUE COPY OF THE LETTER SENT BY THE 2ND RESPONDENT TO THE 1ST PETITIONER DATED NIL.
2 issues framed by the court
Whether a writ of certiorari should be issued to quash NCLT orders taking over management of the petitioners' company.
Whether a writ of mandamus should be directed to prevent respondents from taking possession of the company's assets.
Anirudhan
Rajeevan C.M.
Satheesh P.P.
Amarjeet Singh
Sathiq Buhari
The Superintendent of Police, Thirssur Rural
P.V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
