Citation : 2021 Latest Caselaw 22740 Ker
Judgement Date : 19 November, 2021
WP(C) No.26014/2021 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Friday, the 19th day of November 2021 / 28th Karthika, 1943
WP(C) NO. 26014 OF 2021(B)
PETITIONER:
DR.ANIL KUMAR, AGED 66 YEARS, SRIRANGAM, KRISHNA TEMPLE ROAD,
ALWAYE-1.
RESPONDENTS:
1. TATA GLOBAL BEVERAGES LIMITED, PRESENTLY KNOWN AS TATA CONSUMER
PRODUCTS LIMITED, NO.1, BISHOP LEFROY ROAD, KOLKATA-700020,
REPRESENTED BY ITS DEPUTY GENERAL MANAGER-LEGAL AFFAIRS.
2. THE NATIONAL COMPANY LAW TRIBUNAL, COMPANY LAW BHAVAN, KAKKANAD,
KOCHI-682030.
3. KERALA AYURVEDA LIMITED, VII/415, NEDUMBASSERY, ATHANI POST, ALUVA,
ERNAKULAM DISTRICT, KERALA-683585, REPRESENTED BY THE INTERIM
RESOLUTION PROFESSIONAL, MR.KIZHAKKEKARA KURIAKOSE JOSE.
4. MR.KIZHAKKEKARA KURIAKOSE JOSE, IBBI/IPA-001/IP-P00445/2017-18/1078
KK JOSE AND ASSOCIATES, YENVEE COMPLEX, TEMPLE ROAD, ALUVA,
KERALA-683101.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the operation and implementation of Exhibit P6 Order
passed by the Hon'ble National Company Law Tribunal, Kochi Bench for a
period of 30 days, to enable the Petitioner to file a Statutory Appeal
before the National Company Law Appellate Tribunal, Chennai Bench and seek
an interim order against the operation and implementation of Exhibit P6
Order, till the disposal of the Appeal and for other reliefs, till the
disposal of the above Writ Petition
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.SANTHOSH MATHEW, VIJAY V. PAUL, GOKUL ASOK, WAFA KHATHEEJA,
ANANDAPADMANABHAN UNNIKRISHNAN & SHERYL ELIZABATH SEBASTIAN, Advocates for
the petitioners ,the court passed the following:
WP(C) No.26014/2021 2/3
N. NAGARESH, J.
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W.P.(C) No.26014 of 2021 B
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Dated this the 19th day of November, 2021
ORDER
~~~~~~
Admit.
Issue urgent notice by speed post to the
respondents.
2. In view of the judgment delivered on 18.11.2021 in
W.P.(C) No.25795/2021 under similar circumstances, there
will be an interim order in this case staying the
implementation of Ext.P6 order passed by the NCLT, Kochi
Bench, for a period of 30 days so as to enable the petitioner
to avail his statutory appellate remedy.
Post on 20.12.2021.
Sd/-
N. NAGARESH, JUDGE aks/19.11.2021 H/o.
19-11-2021 /True Copy/ Assistant Registrar WP(C) No.26014/2021 3/3
APPENDIX OF WP(C) 26014/2021 Exhibit P6 TRUE COPY OF THE ORDER DATED 18.11.2021 IN I.B.A 46/2019 OF THE NCLT, KOCHI BENCH.
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