Sreedevi vs Union Of India
2022 Latest Caselaw 3168 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
         FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
                          WP(C) NO. 4644 OF 2022
PETITIONER:

              MRS.P.SREEDEVI
              AGED 58 YEARS
              W/O. DR. M.R CHANDRAN, DEVIKA, ROYAL GARDENS,
              PUNKUNNAM P.O, THRISSUR PIN 682 002

              BY ADVS.
              LAL K.JOSEPH
              P.MURALEEDHARAN (THURAVOOR)
              SANJAY SELLEN


RESPONDENTS:
     1     UNION OF INDIA
           MINISTRY OF FINANCE AND CORPORATE AFFAIRS, A WING,
           SHASTRI BHAWAN, RAJENDRA PRASAD ROAD, NEW DELHI 110 001
           REPRESENTED BY ITS SECRETARY

     2        HEDGE FINANCE LIMITED
              HEDGE HOUSE, MAMANGALAM, KOCHI 682 025
              REPRESENTED BY ITS AUTHORISED OFFICER

     3        Y.N RAMACHANDRAN
              RESOLUTION PROFESSIONAL OF SOUTHERN INVESTMENT PVT LTD
              REG NO. IBBI/IPA-001/IP-PO1764/20192020/12722 68/F1/C-
              0175, 2ND AVENUE , ASHOK NAGAR, CHENNAI TAMIL NADU, 600
              083 EMAIL YNRAMACHHANDRAN @GMAIL .COM

              BY ADVS.
              ENOCH DAVID SIMON JOEL
              S.SREEDEV
              RONY JOSE
              SUZANNE KURIAN
              CIMIL CHERIAN KOTTALIL
              S.KRISHNA CGSC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 4644 OF 2022                2




                                 JUDGMENT

The writ petition is filed challenging Ext.P4 order sale

notice issued by the 2nd respondent under the SARFEASI Act

on the ground that insolvency proceedings have been

initiated under the Insolvency and Bankruptcy Code, 2016

and moratorium has been declared on the basis of Exts.P1

and P2 and a claim petition has been filed pursuant thereto.

2. A counter affidavit has been filed by the 2 nd

respondent and in paragraph 9 of the counter affidavit it is

stated that the 2nd respondent was not aware about the

insolvency proceedings initiated as per Exhibit P2 and

therefore, the 2nd respondent proceeded under the provisions

of the SARFEASI Act. It is further stated that since the 3 rd

respondent has been appointed as an Insolvency Interim

Resolution Professional (for short IRP) by Ext.P2, the 2 nd

respondent has to file its claim before the IRP, the 3 rd

respondent. It further stated that pursuant to the interim

order passed by this court no auction was conducted and

Ext.P4 has become redundant.

3. When the matter was taken up for consideration

today, the learned counsel for the 2 nd respondent submitted

that they have already preferred a claim before the 3 rd

respondent and leaving open all their contentions, the writ

petition can be closed.

Therefore, without prejudice to the rights of the 2 nd

respondent and the petitioner before the 3 rd respondent, this

writ petition is closed.

Sd/-

MURALI PURUSHOTHAMAN JUDGE ska

APPENDIX OF WP(C) 4644/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF ORDER DATED 26-03-2021 IN IBA/769/2020 BY NCLT, CHENNAI

Exhibit P2 TRUE COPY OF ORDER DATED 15-03-2021 IN IBA/146/2020 PASSED BY NCLT, CHENNAI

Exhibit P3 TRUE COPY OF FORM C DATED 9-9-2021 SUBMITTED BY THE PETITIONERS TO THE RESOLUTION PROFESSIONAL

Exhibit P4 TRUE COPY OF THE AUCTION SALE NOTICE DATED 27-

1-2022

Exhibit P5 TRUE COPY OF ATTACHMENT ORDER IN OS 1117 OF 2017 DATED 07-10-2017

Exhibit P5A TRUE COPY OF ATTACHMENT ORDER IN O.S 1112 OF 2017 DATED 05-12-2017

Exhibit P5B TRUE COPY OF ATTACHMENT ORDER IN O.S 1116 OF 2017 DATED 07-10-2017