Kerala High Court
Mr.Rajeev Vidyadharan@ Rajeev Anchal vs The National Company Law Tribunal on 17 July, 2025
RP No.769 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
THURSDAY, THE 17TH DAY OF JULY 2025 / 26TH ASHADHA, 1947
RP NO. 769 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 09.06.2025 IN WA NO.1224 OF
2025 OF HIGH COURT OF KERALA
REVIEW PETITIONERS:
1 MR.RAJEEV VIDYADHARAN@ RAJEEV ANCHAL
AGED 63 YEARS
GURUCHANDRIKA, SNEHAPURAM, SANTHIGIRI.P.O., KOLIYAKODE
VILLAGE, KEEZTHONNAKKAL, THIRUVANANTHAPURAM, KERALA.,
PIN - 695589
2 PADMAJAN RAJEEV
AGED 63 YEARS
12/600 (18/799), GURUCHANDRIKA, SANTHIGIRI.P.O.,
POTHENCODE, THIRUVANANTHAPURAM, KERALA, REPRESENTED BY
HIS POWER OF ATTORNEY HOLDER PADMAM RAJEEV., PIN -
695589
3 GARGI RAJEEV
AGED 40 YEARS
12/600 (18/799), GURUCHANDRIKA, SANTHIGIRI.P.O.,
POTHENCODE, THIRUVANANTHAPURAM, KERALA., PIN - 695589
4 PADMAM MAVILAVEEDU SAHADEVAN @ SHAJI RAJEEV
AGED 55 YEARS
12/600 (18/799), GURUCHANDRIKA, SANTHIGIRI.P.O.,
POTHENCODE, THIRUVANANTHAPURAM, KERALA., PIN - 695589
5 M/S.GURUCHANDRIKA BUILDERS & PROPERTY (P) LTD.,
CIN:U70101KL2010PTC026835, REPRESENTED BY ITS MANAGING
DIRECTOR, MR.RAJEEV VIDYADHARAN ALIAS RAJEEV ANCHAL,
HAVING ITS REGISTERED OFFICE AT JATAYU EARTH'S CENTER,
CHADAYAMANGALAM, KOLLAM DISTRICT, KERALA, PIN - 691534
RP No.769 of 2025
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6 JATAYUPARA ADVENTURE TOURISM (P) LTD.,
CIN:U63040KL2014PTC035795, REPRESENTED BY ITS DIRECTOR,
GARGI RAJEEV, HAVING ITS REGISTERED OFFICE AT JATAYU
EARTH'S CENTER, CHADAYAMANGALAM, KOLLAM DISTRICT,
KERALA., PIN - 691534
7 GURUCHANDRIKA STUDIOS PRIVATE LIMITED
CIN:U74999KL2017PTC051110, ANUGRAHAM, T.C.15/601, PLOT
NO.51, UDARASIROMANI ROAD, VELLAYAMBALAM,
THIRUVANANTHAPURAM, KERALA. REPRESENTED BY ITS MANAGING
DIRECTOR, RAJEEV VIDYADHARAN @ RAJEEV ANCHAL, PIN -
695010
8 UNIQUE CAVES (P) LTD.,
CIN:U63040KL2012PTC030706 JATAYU EARTH'S CENTER,
CHADAYAMANGALAM, KOLLAM DISTRICT, KERALA. REPRESENTED
BY ITS MANAGING DIRECTOR, RAJEEV VIDYADHARAN @ RAJEEV
ANCHAL., PIN - 691534
BY ADVS.
SRI.SIDHARTH A.MENON
SMT.VINITHA S.T.
SHRI.V.AJAKUMAR
SMT.SANDRA ANN T. JOSEPH
RESPONDENTS:
1 THE NATIONAL COMPANY LAW TRIBUNAL,
KOCHI BENCH, THROUGH ITS REGISTRAR, COMPANY LAW BHAVAN,
BMC ROAD, THRIKKAKARA P.O., KAKKANAD, KOCHI-682 021.
2 P.J.MATHEWS
NEDUMCHIRA THOTTATHIL, ADICHANALLOOR.P.O., KOLLA, PIN -
691573
3 DAVIDSON VATTUPPARAMPIL GEORGE,
VATTUPPARAMPIL HOUSE, MAMMOODU.P.O., CHANGANASSERY,
KOTTAYAM, KERALA., PIN - 686553
4 PANICKER PRAVEEN RAJ GOPI
7A, ROYAL HEIGHTS, OPPOSITE N.S.S COLLEGE, NF GATE
ROAD, TRIPUNITHRA, ERNAKULAM, KERALA ., PIN - 682301
5 JAYALAL BALARAJAN
KURATHATHUSSERIL HOUSE, PATHIYOOR.P.O BHAGAVATHIPADI,
ALAPPUZHA, KERALA, PIN - 690552
6 DENNIS LAVIN NORONHA
B-5, MARVE QUEEN-1, 1ST FLOOR, KHARODI, NEAR JURASSIC
RP No.769 of 2025
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PARK RESTAURANT, MARVE ROAD, MALAD WEST, MUMBAI., PIN -
400095
7 JONES MATHEWS
NEDUMCHIRA THOTTATHIL, ADICHANALLOOR.P.O., KOLLAM, PIN
- 691573
8 JUANITA JOSEPH THODUPARAMBIL
7/11, ASSISI NAGAR, P.L.LOKHANDE MARG, CHEMBUR, MUMBAI,
PIN - 400043
9 LALKUMAR SOMARAJAN
APD NO.5A, CORDIAL CASILDA, KOCHULLOOR, MEDICAL
COLLEGE.P.O., ULLOOR, KERALA -, PIN - 695011
10 JATAYUPARA TOURISM (P) LTD.
CIN:U63040KL2014PTC037707, JATAYU EARTH'S CENTER JATAYU
JUNCTION, CHADAYAMANGALAM, KOLLAM, KERALA. REPRESENTED
BY ITS DIRECTOR, MR. VASU JAYAPRAKASH., PIN - 691534
11 JATAYU SCULPTURE & MUSEUM PRIVATE LIMITED
U63040KL2014PTC035795, HAVING ITS REGISTERED OFFICE AT
JATAYU EARTH'S CENTER, CHADAYAMANGALAM, KOLLAM
DISTRICT, KERALA. REPRESENTED BY ITS DIRECTOR, MS USHA
B PILLAI., PIN - 691534
12 P.R.NARAYANAN NAIR
GOKULAM A-18, TENNIS CLUB ENCLAVE, KOWDIAR,
THIRUVANANTHAPURAM., PIN - 695003
13 THE STATE OF KERALA
REPRESENTED BY THE, CHIEF SECRETARY ,GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001
14 DIRECTOR, ECO-TOURISM
DEPARTMENT OF TOURISM, PARK VIEW, THIRUVANNATHAPURAM,
KERALA., PIN - 695033
15 PRINCE RAVI
CHARTERED ACCOUNTANT, GSPU & ASSOCIATES, T.C12/1443(2),
FIRST FLOOR, SYAM SCION, PMG-LAW COLLEGE ROAD, VIKAS
BHAVAN.P.O., THIRUVANANTHAPURAM ., PIN - 695033
16 SAJEE P.NAIR
SREESANKARAM, FIRST FLOOR, KRA 74 OPP.
KAITHAMUKKU.P.O., ATHANILANE, THIRUVANANTHAPURAM,
KERALA, PIN - 695024
RP No.769 of 2025
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17 RAJEEV BHASKARAN
THULASI BHAVAN, CHADAYAMANGALAM, KOLLAM, KERALA,, PIN -
69153
18 KRISHNAN KOODACHERI
SREE KRISHNA HOUSE, CHERUSSERI NAGAR, PALLIKULAM,
CHIRAKKAL.P.O., KANNUR -, PIN - 670001
19 VASU JAYAPRAKASH
ARIYANNOOR HOUSE, KAITHA SOUTH, KANNAMANGALAM,
CHETTIKULANGARA, MAVELIKKARA, ALAPPUZHA KERALA,, PIN -
690106
20 AJIT KUMAR BALARAMAN
4B 29 UNITY APARTMENT, BAF HIRA NAGAR, KHARODI MARVE
ROAD, NEAR FIRE STATION, MALAD(WEST), MUMBAI., PIN -
400095
21 AJAY BALARAMAN
4B 29 UNITY APARTMENT, BAF HIRA NAGAR, KHARODI MARVE
ROAD, NEAR FIRE STATION, MALAD(WEST), MUMBAI. M.H, PIN
- 400095
22 HARIDAS KRISHNANKUTTY
RARATH HOUSE PERUVEMBA.P.O., PALAKKAD, KERALA, INDIA,
PIN - 678531
23 MATHEW PANDAKASALAILTHOMAS
PANDAKASALA,KAMPAMKODU, VAYAKKAL.P.O., VALAKAM,
KOLLAM .KERALA, PIN - 691532
24 C. MOHANAN PILLAI
S/O K. CHANDRASEKHARAN PILLAI, KRISHNA PRIYA,
PODIYATTUVILA.P.O., VALAKOM, KOLLAM -, PIN - 691532
25 SHRI M.R BHAT ICLS
HOUSE NO. 1-4, 65/3 STREET NO. 8 LANE, ADJACENT TO MORE
SUPERMARKET, HABSIGUDA, TELANGANA., PIN - 500007
26 SHRI SHAWN JEFF CHRISTOPHER
JVR & ASSOCIATES, CHARTERED ACCOUNTANTS WARRIOM ROAD
OPPOSITE ST.GEORGE CHURCH, PALLIMUKKU, KOCHI, KERALA,
PIN - 682016
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 10.07.2025,
THE COURT ON 17.07.2025 DELIVERED THE FOLLOWING:
RP No.769 of 2025
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ORDER
Sushrut Arvind Dharmadhikari, J.
Heard on the question of admission.
2. The present Review Petition has been filed under Order XLVII Rule 1 read with Section 114 of the CPC, 1908 seeking review of the judgment dated 09.06.2025 passed in WA No.1224/2025 whereby Writ Appeal was disposed of upholding the judgment passed by the learned Single Judge and directions were issued to avail alternative remedy of appeal under Section 421 of the Companies Act, 2013. The Review Petitioners are the appellants 1 - 8 in the Writ Appeal and the petitioners in the Writ Petition.
3. When the matter came up for admission, and after hearing both sides, this Hon'ble Court has decided to direct the appellants to approach the Hon'ble NCLAT within a period of 15 days from the date of the judgment. It was categorically stated in paragraph 10 of the judgment passed by this Hon'ble Court that this Court has not gone into the merits of the matter. However in direct contradiction of the same in paragraph 8 of the order it is observed that:
"The learned Single Judge was right in holding that the appellants have made an attempt to suppress material facts. Moreover, contention t hat the impugned orders amount to review of Exts.P10 and P11 cannot be found fault with since the Tribunal is vested with the discretion to pass necessary orders to ensure proper functioning of the Project till the company petition is decided."
4. However, in paragraph 10 of the judgment, this Hon'ble Court held thus:
RP No.769 of 20256
2025:KER:52654 "10. In circumstances, without entering into the merits of the case, the appellants are granted liberty to approach the NCLAT in appeal within a period of 15 days from today."
5. Learned counsel for the petitioners contended that such findings are contradicting and contrary to each other and constitute an error apparent on the face of record. If findings in paragraph 8 of the judgment dated 09.06.2025 are not deleted and the appellants are given an untrammelled right to challenge the action of NCLT in appeal, it would not grant any effective remedy. This Court has erred in holding that the appellants attempted to suppress the material facts since there is no reference as to which fact was suppressed for no reason as to how it amounted to suppression of material facts was mentioned in the judgment. Therefore, paragraph 8 of the impugned judgment deserves to be reviewed and deleted.
6. Per contra learned counsel appearing for the respondents herein submitted that there is no apparent error on the face of record and as such, Review Petition deserves to be dismissed.
7. Heard the learned counsel for the parties.
8. In our considered opinion, in paragraph 10 of the impugned judgment, we have in specific terms mentioned that "without entering into the merits of the case, the appellants are granted liberty to approach the NCLAT in appeal within a period of 15 days from today." Therefore, certain observations made in paragraph 8 with regard to attempt to suppress material facts deserves to be deleted as that observation may come in the way of deciding the appeal before the NCLAT. Accordingly, the direction contained in paragraph 8 that "the learned Single Judge was right in holding the appellants have made an attempt to suppress material facts" is hereby deleted. In case, the appeal is RP No.769 of 2025 7 2025:KER:52654 preferred as directed by this Court, then the NCLAT shall not be prejudiced by the observations made in the said judgment. Accordingly the petition stands allowed. This order be read in conjunction with judgment dated 09.02.2025 passed in WA No.1224/2025.
sd/-
SUSHRUT ARVIND DHARMADHIKARI JUDGE sd/-
SYAM KUMAR V.M. JUDGE Nsd