T.R. Sanu v. Bhoomika Digital Cable Services Pvt. Ltd.
Case brief
What is this about?
The Court addressed the maintainability of a writ petition challenging an order impugned via appeal under Section 421 of the Companies Act, 2013. It permitted remedies before the NCLAT, noting that the pendency of the writ petition could serve as a ground for condoning delay in filing the appeal.
What did the court decide?
Writ petition closed; liberty reserved to challenge the order before NCLAT with liberty to explain delay.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 20TH DAY OF JUNE 2022 / 30TH JYAISHTA, 1944
WP(C) NO. 15441 OF 2022
AGAINST THE ORDER/JUDGMENT IN CP 23/2021 OF NATIONAL COMPANY LAW
TRIBUNAL, KOCHI BENCH, KAKKANAD
PETITIONER:
T.R. SANU AGED 48 YEARS S/O RAVINDRAN RESIDING AT THUNDIPARAMBIL HOUSE, MATSYAPURI P. O., VATHURUTHY, KOCHI, PIN – 682029
BY ADVS. P.G.JAYASHANKAR P.K.RESHMA (KALARICKAL) REVATHY P. MANOHARAN S.RAJEEV (K/001711/2019) SAJANA V.H
RESPONDENTS:
Issues for consideration
3 issues framed by the court
Whether the writ petition is maintainable when an appeal remedy exists under Section 421 of the Companies Act, 2013.
Whether the period of pendency of the writ petition with an interim order can be condoned as delay in filing the appeal before NCLAT.
Whether the petitioner must approach the NCLAT instead of this Court directly as the remedy lies there.
Parties & counsel
- petitioner
T.R. Sanu
- respondent
Bhoomika Digital Cable Services Pvt. Ltd.
- respondent
Ralph Lilyan
- respondent
Jayadevan E.
- respondent
Joseph Victor
Case details
As recorded by the court registry
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