On the motion of the petitioners, the court permitted the withdrawal of the writ petition which had been challenged by the first respondent on grounds of forum shopping due to simultaneous proceedings elsewhere.
Permission granted to withdraw the writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP(C).19085/22
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 20TH DAY OF JULY 2022 / 29TH ASHADHA, 1944
WP(C) NO. 19085 OF 2022
PETITIONER/S:
1 MR. ASHIQUE PONNAMPARAMBATH AGED 51 YEARS
MEMBER OF THE SUSPENDED BOARD OF DIRECTORS AND ERSTWHILE MANAGING DIRECTOR OF KOYENCO AUTOS PRIVATE LIMITED. PONNAMPARAMBATH HOUSE, KONAD BEACH, WEST HILL POST, CALICUT-673005, KERALA. 2 SHAMEENA P.P. MEMBER OF THE SUSPENDED BOARD OF DIRECTORS OF KOYENCO AUTOS PRIVATE LIMITED. KONAD BEACH, WEST HILL POST, CALICUT - 673005, KERALA. BY ADVS. G.HARIKUMAR (GOPINATHAN NAIR) AKHIL SURESH JOSEPH KODIANTHARA (SR.)
RESPONDENT/S:
1 BMW INDIA FINANCIAL SERVICES PRIVATE LIMITED, THE OBEROI CORPORATE TOWER, BUILDING NO.11, FIRST FLOOR,DLF CYBER CITY, PHASE II. GURUGRAM122022. REPRESENTED BY ITS DIRECTOR, MS. RITUCHANDY. 2 THE NATIONAL COMPANY LAW TRIBUNAL, COMPANY LAW BHAVAN, KAKKANAD KOCHI- 682030.
WP(C).19085/22
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3 M/S. KOYENCO AUTOS PRIVATE LIMITED, 53 C, KOYENCO HOUSE, WEST HILL P. O. KOZHIKODE , KERALA 673 005. REPRESENTED BY THE RESOLUTION PROFESSIONAL , MR. VIBIN VINCENT.
4 MR. VIBIN VINCENT, IBBI/IPA-001/IP-P-01997/2020-2021/13134. CHAKIATH HOUSE, ELAVOOR P.O., ANGAMALAY, NEAR ELAVOOR MARKET, ERNKULAM, KERALA 683 572. BY ADVS. Martin Jose P P.PRIJITH(K/233/2005) THOMAS P.KURUVILLA(K/420-B/2005) R.GITHESH(K/630/2002) AJAY BEN JOSE(K/729/2012) MANJUNATH MENON(K/000474/2015) SACHIN JACOB AMBAT(K/734/2016) ANNA LINDA V.J(K/1201/2020) HARIKRISHNAN S.(K/497/2019) S.SREEKUMAR (SR.)(S-571)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).19085/22
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V.G.ARUN, J.
W.P(C).No. 19085 of 2022
Dated this the 20th day of July, 2022
JUDGMENT
Learned Counsel for the petitioners seeks permission to withdraw the writ petition. This is opposed by learned Counsel for the first respondent, pointing out that the petitioners had approached this Court twice earlier and were simultaneously agitating their appeal before the NCLAT. Hence, the instant writ petition is nothing but forum shopping, which practice is liable to be deprecated.
The writ petition is dismissed as withdrawn.
Sd/V.G.ARUN, JUDGE
vgs
WP(C).19085/22
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APPENDIX OF WP(C) 19085/2022
PETITIONER EXHIBITS
| Exhibit P1 | TRUE COPY OF IBA/37/KOB/2020 FILED BY THE 1ST RESPONDENT |
|---|---|
| Exhibit P2 | TRUE COPY OF THE FIR NO 0051/2020 REGISTERED AGAINST BMW ON ACCOUNT OF THE COMPLAINT PREFERRED BY PLATINO. |
| Exhibit P3 | TRUE COPY OF THE ADDENDUM AGREEMENT DATED 17.05.2017 |
| Exhibit P4 | TRUE COPY OF THE ORDER DATED 06.10.2021 IN IBA/37/KOB/2020 |
| Exhibit P5 | A COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT DATED 13.10.2021 MAY 22280/21 |
| Exhibit P6 | A COPY OF THE JUDGEMENT DATED 16.11.2021 IN WP(C) 22280 OF 2021 |
| Exhibit P7 | A COPY OF THE ORDER OF THIS HON'BLE COURT DATED 08.12.2021 IN WP(C) 22280 OF 2021 |
| Exhibit P8 | A COPY OF THE ORDER OF THE HON'BLE NCLAT, CHENNAI DATED 21.12.2021 OF THE HON'BLE NCLAT, CHENNAI IN COMPANY APPEAL (AT)(CH)(INSOLVENCY) NO. 301 OF 2021 |
| Exhibit P9 | A COPY OF THE ORDER OF THE HON'BLE NCLAT DATED 17.01.2022 OF THE HON'BLE NCLAT, CHENNAI IN COMPANY APPEAL (AT) (CH)(INSOLVENCY) NO. 301 OF 2021 |
| Exhibit P10 | A COPY OF THE ORDER OF THE HON'BLE NCLAT DATED 02.02.2022 OF THE HON'BLE NCLAT, CHENNAI IN COMPANY APPEAL (AT) (CH)(INSOLVENCY) NO. 301 OF 2021 |
| Exhibit P11 | A COPY OF THE ORDER OF THE HON'BLE |
WP(C).19085/22
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NCLAT DATED 08.04.2022 OF THE HON'BLE NCLAT, CHENNAI IN COMPANY APPEAL (AT) (CH)(INSOLVENCY) NO. 301 OF 2021
Exhibit P12 A TRUE COPY OF THE ORDER OF THE HON'BLE NCLAT DATED 28.04.2022 OF THE HON'BLE NCLAT, CHENNAI IN COMPANY APPEAL (AT)(CH)(INSOLVENCY) NO. 301 OF 2021 Exhibit P13 A TRUE COPY OF THE DEED OF SETTLEMENT DATED 04.09.2019 Exhibit P14 A TRUE COPY OF THE LIST OF CREDITORS OF THE 3RD RESPONDENT Exhibit P15 A TRUE COPY OF THE LIST OF CREDITORS OF THE M/S PLATINO CLASSIC MOTORS (INDIA) PVT. LTD.
RESPONDENT ANNEXURES
Annexure.A True copy of judgment dated 2-3-2022 in WP(c) No.5732 of 2022 Annexure.B True copy of judgment dated 2-7-2021 in WP(c) No.8257 of 2021
Mr. Ashique Ponnamparambath
Shameena P.P.
BMW India Financial Services Private Limited
The National Company Law Tribunal
M/s. Koyenco Autos Private Limited
Mr. Vibin Vincent
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
