Jewel Homes Private Limited vs National Company Law Tribunal
2021 Latest Caselaw 15759 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR. JUSTICE T.R.RAVI
            FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
                             WP(C) NO. 28581 OF 2020
PETITIONER:

              JEWEL HOMES PRIVATE LIMITED
              REPRESENTED BY ITS MANAGING DIRECTOR
              MR.P.A.JIHAS, AGED 52 YEARS,
              S/O.LATE P.K.ABDUL RAHIMAN,
              HAVING ITS OFFICE AT CASAGRANTS BUILDING,
              2ND FLOOR, OPP. TVS SHOWROOM,
              DESHABHIMANI JUNCTION, KALOOR, COCHIN - 682 217.

              BY ADV SRI.JOLLY JOHN


RESPONDENTS:

     1        NATIONAL COMPANY LAW TRIBUNAL
              KOCHI BENCH, REP. BY ITS DEPUTY REGISTRAR,
              COMPANY LAW BHAVAN, BMC ROAD,
              THRIKKAKARA P.O., KAKKANAD, KOCHI - 682 021.

     2        JOHNSON LIFTS PRIVATE LIMITED
              REPRESENTED BY ITS MANAGING DIRECTOR,
              HAVING ITS OFFICE AT NO.1, EAST MAIN ROAD,
              ANNA NAGAR WESTERN EXTENSION, CHENNAI - 600 101.

              BY ADVS.
              SRI.ENOCH DAVID SIMON JOEL
              SRI.S.SREEDEV
              SRI.RONY JOSE



     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28581 OF 2020
                                       2

                           JUDGMENT

Dated this the 30th day of July 2021

When the case is taken up today, the counsel for the petitioner

prays that he may be permitted to withdraw the writ petition with

liberty to move a fresh petition with proper prayers. He also prays

that the interim order which was granted in this case may be

continued for a period of three weeks, by which time he can file the

fresh writ petition. The counsel for the respondent submits that the

matter before the NCLT stands posted on 26.08.2021 and the

petitioner will be able to move the writ petition before that date and

as such, there is no necessity to grant any extension of the interim

order after the case is disposed of.

In the above circumstances, the writ petition is allowed to be

withdrawn with liberty to the petitioner to move a fresh petition. As

far as the request for extension of the stay granted in this case is

concerned, there is no necessity for the same, since the case before

the NCLT is posted only on 26.08.2021. The petitioner may move his

writ petition before that date.

Sd/-

T.R.RAVI

JUDGE sn WP(C) NO. 28581 OF 2020

APPENDIX OF WP(C) 28581/2020

PETITIONER'S EXHIBITS

EXHIBIT P1 THE COPY OF THE APPLICATION FILED BY THE RESPONDENT HEREIN BEFORE THE NATIONAL COMPANY LAW TRIBUNAL, KOCHI BENCH, THAT WAS SERVED ON THE PETITIONER HEREIN.

EXHIBIT P2 THE COPY OF THE REPLY FILED BY THE PETITIONER HEREIN TO THE EXHIBIT P1 APPLICATION, DATED 30/11/2020.

EXHIBIT P3 THE COPY OF THE NOTIFICATION ISSUED BY THE MINISTRY OF CORPORATE AFFAIRS, DATED 24/03/2020, SPECIFYING RS.1 CRORE AS THE MINIMUM AMOUNT OF DEFAULT FOR THE PURPOSE OF SEC.4 OF THE INSOLVENCY AND BANKRUPTCY CODE, 2016, DATED 24/03/2020.

EXHIBIT P4 THE COPY OF THE ORDER OF THE HON'BLE SUPREME COURT IN WRIT PETITION NO.722/2019 DATED 20/06/2019.

EXHIBIT P5 THE COPY OF THE ORDER OF THE HON'BLE NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI, IN COMPANY APPEAL (AT) (INSOLVENCY) NO.726- 727/2020, DATED 24/08/2020.

RESPONDENT'S EXHIBITS       : NIL

                 //TRUE COPY//                 PA TO JUDGE