Harish Kumar T.K vs National Financial Reporting ...
2023 Latest Caselaw 6036 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     FRIDAY, THE 9TH DAY OF JUNE 2023 / 19TH JYAISHTA, 1945
                      WP(C) NO. 18647 OF 2023
PETITIONER:

             HARISH KUMAR T.K.
             AGED 52 YEARS
             PARTNER K. VARGHESE AND CO CHARTERED ACCOUNTANTS
             (FIRM REGISTRATION NO 004525S) 7/720 C 56, LAND
             WORLD CENTRE 2ND FLOOR S M STREET CALICUT KERALA,
             PIN - 673001
             BY ADVS.SRI.ARAVIND PANDIAN (SR.)
             ARUN KRISHNA DHAN
             ARJUN SREEDHAR
             T.K.SANDEEP
             ALEX ABRAHAM
             Goutham Shivshankar

RESPONDENT:

             NATIONAL FINANCIAL REPORTING AUTHORITY
             7TH-8TH FLOOR, HINDUSTAN TIMES HOUSE
             18-20 KASTURBA GANDHI MARG
             NEW DELHI, PIN - 110001
             ADV.MANU S., DSGI



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   09.06.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.18647/2023

                                        2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.18647 of 2023
             ----------------------------------------------
            Dated this the 09th day of June, 2023


                             JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of certiorari or any other appropriate writ, order or direction calling for the records of email communication dt. 02.06.2023 from the Respondent to the Petitioner exhibited herewith and marked as Exhibit P17 and quash the same; ii. Issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondent to refrain from taking any further acts that would prejudice or render infructuous the Petitioner's pending interlocutory application for ex parte ad interim stay before the Hon'ble NCLAT, Delhi in Company Appeal (AT) No. 68 of 2023 until the same is heard and decided by the Hon'ble NCLAT, including but not limited to restraining the Respondent from intimating any companies or body corporates in respect of which the Petitioner is functioning as auditor regarding the Order Ref. No.NF-21/0172022 dated 13.04.2023 passed by the Respondent; iii. Grant such other reliefs as are deem just and WP(C).No.18647/2023

necessary in the facts and circumstances of the case.

(SIC)

2. This Court, as per judgment dated 06.06.2023 in

W.P.(C). No.18216/2023 considered a similar question. It will

be better to extract the relevant portion of the judgment:

"7. This Court considered the contentions of the petitioners and the respondents. This court perused Ext.P5 order passed by the Appellate Tribunal. It will be better to extract paragraph 22 of Ext.P5.

"22. We have not heard the learned Counsel for the Appellant(s) on the merits of challenge to the impugned order. We deem it fit and appropriate to give an opportunity to the Appellant(s) to make their submissions on the merit and this Tribunal after hearing the Appellant(s) as well as Respondents shall take appropriate decision on the application filed for the interim relief in each of the Appeal(s). The Appellate Tribunal being re-opening after summer vacation on 3rd July, 2023, we direct that all these Appeal(s) be listed for admission and consideration of application for interim relief on 3rd July, 2023."

8. From the above, it is clear that the case is stand posted on 03.07.2023. If that is the case, I am of the considered opinion that Exts.P6 and P7 in these writ petitions can be kept in abeyance till 03.07.2023 so that the Tribunal can pass appropriate orders, in accordance with law. I make it clear that I have not considered the matter on merit and since the appeal and the petitions are posted on WP(C).No.18647/2023

03.07.2023, I am passing this order.

Therefore, these writ petitions are disposed of with the following directions:-

i) Exts.P6 and P7 in these writ petitions are kept in abeyance till 03.07.2023.

ii) The petitioners are free to approach the National Company Law Appellate Tribunal (NCLAT) in the meanwhile for appropriate orders."

3. Heard the learned counsel for the petitioner and

the learned DCGI.

4. The petitioner's appeal and the stay petition are

pending before the NCLAT and the petitioner also party in the

same common order mentioned in the above judgment. Even

though the DCGI opposed the prayer, I am of the considered

opinion that, since a similar a order is passed in in W.P.(C).

No.18216/2023, such an order can be passed in this case also.

Therefore, this writ petition is disposed of in the

following manner:

1. Exts.P16 and P17 are kept in abeyance till

03.07.2023.

2. The petitioners are free to approach the

National Company Law Appellate Tribunal WP(C).No.18647/2023

(NCALT) in the meanwhile, for appropriate

orders.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.18647/2023

APPENDIX OF WP(C) 18647/2023

PETITIONER EXHIBITS Exhibit- P1 TRUE COPY OF NOTIFICATION S.O. 1316(E) DT. 21.03.2018 ISSUED BY THE MINISTRY OF CORPORATE AFFAIRS, GOI Exhibit- P2 TRUE COPY OF NOTIFICATION S.O.5098(E) DT. 01.10.2018 ISSUED BY THE MINISTRY OF CORPORATE AFFAIRS, GOI Exhibit-P3 TRUE COPY OF THE NOTIFICATION S.O.5099 (E) DT. 01.10.2018 ISSUED BY THE MINISTRY OF CORPORATE AFFAIRS, GOI Exhibit-P4 TRUE COPY OF THE NOTIFICATION S.O.

5385(E) DT. 24.10.2018 ISSUED BY THE MINISTRY OF CORPORATE AFFAIRS, GOI Exhibit -P5 TRUE COPY OF THE ORDER REF. NO.NF-

21/01/2022 DATED 13.04.2023 PASSED BY THE RESPONDENT Exhibit-P6 TRUE COPY OF THE NATIONAL FINANCIAL REPORTING AUTHORITY RULES, 2018 Exhibit-P7 TRUE COPY OF THE COMPANY APPEAL (AT) NO. 68 OF 2023 FILED BY THE PETITIONER BEFORE THE HON'BLE NCLAT, NEW DELHI Exhibit-P8 TRUE COPY OF THE INTERLOCUTORY APPLICATION FILED ALONG WITH COMPANY APPEAL (AT) NO. 68 OF 2023 BEFORE THE HON'BLE NCLAT, NEW DELHI SEEKING EX PARTE STAY Exhibit-P9 TRUE COPY OF THE ORDER DT. 12.05.2023 PASSED BY THE HON'BLE NCLAT, NEW DELHI IN COMPANY APPEAL (AT) NO. 68 OF 2023 Exhibit-P10 TRUE COPY OF THE ORDER DT. 22.05.2023 PASSED BY THE HON'BLE NCLAT, NEW DELHI IN COMPANY APPEAL (AT) NO. 78 OF 2023 (NARESH KUMAR V. NATIONAL FINANCIAL REPORTING AUTHORITY) Exhibit-P11 TRUE COPY OF THE ORDER DT. 30.05.2023 PASSED BY THE HON'BLE NCLAT, NEW DELHI

Exhibit-P12 TRUE COPY OF THE ORDER DT. 31.05.2023 PASSED BY THE HON'BLE NCLAT, NEW DELHI IN COMPANY APPEAL (AT) NO. 68 OF 2023 WP(C).No.18647/2023

Exhibit-P13 TRUE COPY OF THE WRITTEN SUBMISSIONS FILED BY THE APPELLANT BEFORE THE HON'BLE NCLAT, NEW DELHI IN COMPANY APPEAL (AT) NO. 68 OF 2023 Exhibit-P14 TRUE COPY OF THE WRITTEN SUBMISSIONS FILED BY THE RESPONDENT BEFORE THE HON'BLE NCLAT, NEW DELHI IN COMPANY APPEAL (AT) NO. 68 OF 2023 Exhibit-P15 TRUE COPY OF THE ORDER DT. 02.06.2023 PASSED BY THE HON'BLE NCLAT, NEW DELHI IN COMPANY APPEAL (AT) NO. 68 OF 2023 Exhibit-P16 TRUE COPY OF A SAMPLE EMAIL SENT BY THE RESPONDENT TO THE PETITIONER'S CLIENT (AS FORWARDED TO THE PETITIONER FROM HIS CLIENT) ON 03.06.2023 Exhibit -P17 TRUE COPY OF THE IMPUGNED EMAIL COMMUNICATION DT. 02.06.2023 SENT BY THE RESPONDENT TO THE PETITIONER