Ad Process (Printers) Pvt Ltd vs Mr. Fouzan Mohammed Khan
2022 Latest Caselaw 12197 Kant

                           1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 27TH DAY OF SEPTEMBER, 2022

                        PRESENT

              THE HON'BLE MR. ALOK ARADHE
                  ACTING CHIEF JUSTICE

                          AND

      THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

           WRIT APPEAL NO.891/2022(GM-RES)

BETWEEN:

1.   AD PROCESS (PRINTERS) PVT. LTD.,
     A COMPANY INCORPORATED UNDER
     THE PROVISIONS OF THE COMPANIES
     ACT, 1956 HAVING ITS REGISTERED
     ADDRESS AT NO.11, 1ST MAIN
     PALACE GUTTAHALLI
     BENGALURU - 560 003
     THROUTH ITS MANAGING DIRECTOR
     MR.TARIQ AHMED.

2.   MR. AFZAL AHMED
     S/O M.A. JAMEEL
     AGED ABOUT 65 YEARS
     DIRECTOR, AD PROCESS
     (PRINTERS) PVT. LTD.

3.   MR. TARIQ AHMED
     S/O AFZAL AHMED
     AGED ABOUT 37 YEARS
     MANAGING DIRECTOR
     AD APROCESS (PRINTERS)
     PVT LTD.

4.   MRS. FARAH AFZAL
     W/O AFZAL AHMED
                            2



       AGED ABOUT 60 YEARS.
       APPELLANTS 2 TO 4 ARE
       RESIDING AT NO.10, FIRST MAIN
       ITI LAYOUT, BENSON TOWN POST
       BENGALURU - 560 046.

5.     MRS. SANYA AHMED AFZAL
       W/O ABDUL BASID
       AGED ABOUT 33 YEARS
       RESIDING AT NO.12, 1ST FLOOR
       1ST MAIN, JAYAMAHAL
       BANGALORE - 560 046.

6.     MR. MAQSOOD AHMED
       S/O LATE M.A. JAMEEL
       AGED ABOUT 67 YEARS
       RESIDING AT FLAT NO.102
       SHINE APARTMENTS 4TH MAIN
       SK GARDEN, BENSON TOWN
       POST, BENGLAURU - 560 046.       ...APPELLANTS

(BY SRI UDAYA HOLLA, SR. COUNSEL FOR
    SRI USMAN P, ADV.)

AND:

1.     MR. FOUZAN MOHAMMED KHAN
       S/O B.N. SAMIULLA KHAN
       AGED ABOUT 42 YEARS.

2.     MS. MUSARATH AFZA
       D/O LATE MR.B.N. SAMIULLA KHAN
       AGED ABOUT 44 YEARS.

3.     MRS.TALATH BEGUM
       W/O LATE MR.B.N. SAMIULLA KHAN
       AGED ABOUT 67 YEARS.

       RESPONDENTS 1 TO 3 ARE
       RESIDING AT FLAT NO.7, MUSVEE
       RESIDENCY NO.23, HALL ROAD
                             3




     RICHARDS TOWN
     BENGALURU - 560 025.

4.   NATIONAL COMPANY LAW
     TRIBUNAL BENGALURU
     THROUGH ITS REGISTRAR
     CORPORATE BHAWAN
     12TH FLOOR, RAHEJA TOWERS
     M.G. ROAD, BENGLAURU - 560 001.

5.   SHAKEEL UR RAHMAN
     S/O KHALEEL UR REHMAN
     AGED ABOUT 55 YEARS
     NO.11, 1ST MAIN ROAD
     PALACE GUTTAHALLI
     BANGALORE - 560 003.

6.   M/S R.K. KUMAR ASSOCIATED
     THROUGH ITS PROPRIETOR
     MR. SATHISH AITHAL NG
     HAVING ADDRESS AT NOS.8 AND 9
     VARASIDDHI, 1ST A MAIN ROAD
     LINGADHEERANAHALLI
     PAVAMANAPURA LAYOUT
     2ND BLOCK, BENGLAURU - 560 019.

7.   UNION OF INDIA, MINISTRY
     OF CORPORATE AFFAIRS
     REPRESENTED BY THE SECRETARY
     GOVERNMENT OF INDIA
     NEW DELHI.                   ...RESPONDENTS

(BY SRI DEEPAK BHASKAR, ADV., FOR C/R-1 TO R-3;
    SRI H. SHANTHI BHUSHAN, ASG FOR R-7)

     THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET
ASIDE THE ORDER DATED 17.08.2022 PASSED IN WP No-
                                4



15638/2022 (GM-RES) ON THE FILE OF THE LEARNED
SINGLE JUDGE OF THIS HONBLE COURT.


       THIS APPEAL COMING ON FOR PRELIMINARY HEARING
THIS     DAY,   ACTING   CHIEF     JUSTICE   DELIVERED     THE
FOLLOWING:


                         JUDGMENT

This intra court appeal has been filed against the

interim order dated 17.08.2022 passed by the learned Single

Judge.

2. Learned Senior Counsel for the appellants submits

that the order passed by the National Company Law Tribunal

dated 28.04.2022 was challenged in a writ petition though an

alternative remedy of filing the appeal was available to the

writ petitioners. However, learned Senior Counsel fairly

submits that he be granted liberty to file an application

seeking vacation of the aforesaid interim order before the

learned Single Judge.

3. Needless to state that in case such an application is

filed, the learned Single Judge is requested to deal with the

same expeditiously.

4. With the aforesaid liberty, the appeal is disposed of.

SD/-

ACTING CHIEF JUSTICE

SD/-

JUDGE

KK