Dismissed

Boban v. T v Kerala State Industrial Development Corporation Limited, Represented by Its General Manager

Kerala HC18 Jan 2023WP(C)/601/2023

Case brief

AI extract

What is this about?

Petitioner challenged an e-auction process under the Insolvency and Bankruptcy Code via a writ. The court found the cause of action falls under the IBC and is not maintainable in a writ court as there is an effective alternative remedy under the statutory scheme.

What did the court decide?

The writ petition was dismissed, reserving the petitioner's right to seek remedy under the Insolvency and Bankruptcy Code.

Boban v T Vs Kerala State Industrial Development… — Insolvency and Bankruptcy | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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WEDNESDAY, THE 18^TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944

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WP(C) NO. 601 OF 2023

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PETITIONER:

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BOBAN V T AGED 39 YEARS S/O V.K.THILAKAN VELIYIL HOUSE PALLURUTHY, COCHIN-, PIN - 682006 BY ADV VINAY MATHEW JOSEPH

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RESPONDENTS:

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1 KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION LIMITED, REPRESENTED BY ITS GENERAL MANAGER T.C. XI/266, KESTON ROAD, KOWDIAR, THIRUVANANTHAPURAM, PIN - 695003

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2 KERALA STATE CO-OPERATIVE BANK,

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REPRESENTED BY ITS GENERAL MANAGER, POST BOX NO 6515, COBANK TOWERS, PALAYAM, THIRUVANANTHAPURAM, KERALA., PIN - 695033

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3 ARAVINDAKSHAN NAIR R, LIQUIDATOR M/S LAKE VIEW AYURVEDIC RESORT AND RESEARCH CENTRE PVT. LTD HAVING OFFICE AT ASHADHA (KUTTARA), CHERUTHANA POST, KARUVATTA, KARTHIKAPALLY, ALLEPPEY, PIN - 690517

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4 CHANDY MATHEW

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MANAGING DIRECTOR, LAKE VIEW AYURVEDIC RESORT AND RESEARCH CENTRE PVT. LTD, OTTAKAL P.O, THENMALA, KOLLAM DISTRICT. -, PIN - 691308

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5 LINKSTAR INFOSYS PVT. LTD, REPRESENTED BY ITS MANAGER(NAME NOT KNOWN) 9-C, VARDAN EXCLUSIVE, NEAR VITTAHALBHAI PATEL COLONY,NEAR LAKHUDITALAVADI, NAVRANGPURA, AHMEDABAD, GUJARAT, PIN - 380014

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6 MANI MOUNTAIN VIEW HOSPITALITY PRIVATE LIMITED, REPRESENTED BY ITS MANAGER(NAME NOT KNOWN) 164/1, MANIKTALA, MAIN ROAD 9-IT CHAMBERS

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WP(C) NO. 601 OF 2023

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EM BYPASS, KOLKATA WEST BENGAL, PIN - 700054

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7 BABU GEORGE THEKKEDATHU VALAVUKAYATHIL KALANJOOR PO PATHANAMTHITTA KERALA, PIN - 689694

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8 K SIVADAS JEEVA BHAVAN KALAYNADU PLACHERY PO KOLLAM KERALA, PIN - 691331

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BY ADVS. P.U.SHAILAJAN CYRIAC TOM

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OTHER PRESENT:

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GP SMT AMMINIKUTTY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE

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FOLLOWING:

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WP(C) NO. 601 OF 2023

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JUDGMENT

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Dated this the 18^th day of January, 2023

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The company, M/s Lake View Ayurvedic Resort and Research Centre Pvt.Ltd, is facing proceedings under the Insolvency and Bankruptcy Code,2016 and in the proceedings, the third respondent has been appointed as the liquidator. The third respondent put up the Company’s property for sale as per notice dated 30.11.2022 and on the petitioner's application, he was issued with Ext.P3 memorandum of e-auction. According to the petitioner, he was leading the bid all throughout, but in the last 5 minutes the sixth respondent made a higher bid and came to the lead. Though petitioner prepared and posted a higher bid before the closing time, that was not accepted. On account of this illegality the bid was finalised in the sixth respondent’s favour. The writ petition is hence filed seeking a writ of mandamus, directing to consider the petitioner’s objection and pass a resolution in the stake holders meeting.

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Heard learned Counsel for the petitioner and the learned Counsel appearing for the respondents.

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WP(C) NO. 601 OF 2023

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Counsel for the respondents raised objection as to the maintainability of the writ petition, contending that the petitioner has an effective alternative remedy. I find the objection to be well founded since, as per Section 60 (5)( C ) of the Insolvency and Bankruptcy Code, 2016 any question of priorities or any question of law or facts, arising out of or in relation to the insolvency resolution or liquidation proceedings of the corporate debtor or corporate person under the Code can be raised before the Company Law Tribunal.

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The writ petition hence dismissed, reserving the petitioner's right to seek remedy under the Insolvency and Bankruptcy Code, 2016.

Sd/-

V.G.ARUN JUDGE

SAAP

WP(C) NO. 601 OF 2023

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APPENDIX OF WP(C) 601/2023

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE PASSED BY THE NCL	ORDER DATED 15.10.2020 T, KOCHI BENCH
Exhibit P2	TRUE COPY OF THE RESPONDENT NO. 3	AUCTION NOTICE ISSUED BY DATED 30.11.2022
Exhibit P3	TRUE COPY OF THE CONDUCTED BY RESP	MEMORANDUM FOR E-AUCTION ONDENT NO. 3
Exhibit P4	TRUE COPY OF THE THE PETITIONER TO 30.12.2022 TO 02.	COMMUNICATIONS BETWEEN RESPONDENT NO. 3 FROM 01.2023
Exhibit P5	TRUE COPY OF THE THE PETITIONER TO 28.12.2022 TO 02.	COMMUNICATIONS BETWEEN RESPONDENT NO. 5 FROM 01.2023
Exhibit P6	TRUE COPY OF THE SENT BY THE PETIT	LETTER DATED 06.01.2023 IONER TO THE RESPONDENTS

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//True Copy//PA to Judge

Boban v. T v Kerala State Industrial Development Corporation Limited, Represented by Its General Manager

Case brief

What is this about?

What did the court decide?

Boban v. T v Kerala State Industrial Development Corporation Limited, Represented by Its General Manager

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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