Kerala High Court
Mr.Rajeev Vidyadharan vs The National Company Law Tribunal, ... on 28 May, 2024
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 13448 OF 2024
PETITIONERS:
1 MR.RAJEEV VIDYADHARAN
AGED 63 YEARS
GURUCHANDRIKA, SNEHAPURAM, SANTHIGIRI.P.O., KOLIYAKODE
VILLAGE, KEEZTHONNAKKAL, THIRUVANANTHAPURAM, KERALA,
PIN - 695589
2 PADMAJAN RAJEEV
AGED 31 YEARS
12/600 (18/799), GURUCHANDRIKA, SANTHIGIRI.P.O.,
POTHENCODE, THIRUVANANTHAPURAM, KERALA, PIN - 695589
3 GARGI RAJEEV
AGED 33 YEARS
GURUCHANDRIKA, SANTHIGIRI.P.O., POTHENCODE,
THIRUVANANTHAPURAM, KERALA, PIN - 695589
4 PADMAM MAVILAVEEDU
AGED 58 YEARS
12/600 (18/799), GURUCHANDRIKA, SANTHIGIRI.P.O.,
POTHENCODE, THIRUVANANTHAPURAM, KERALA, PIN - 695589
5 M/S.GURUCHANDRIKA BUILDERS & PROPERTY PRIVATE LIMITRED
HAVING ITS REGISTERED OFFICE AT JATAYU EARTH'S CENTER,
CHADAYAMANGALAM, KOLLAM DISTRICT, KERALA, REPRESENTED
BY ITS MANAGING DIRECTOR,MR.RAJEEV VIDYADHARAN ALIAS
RAJEEV ANCHAL, PIN - 691534
6 JATAYUPARA ADVENTURE TOURISM (P) LTD
,HAVING ITS REGISTERED OFFICE AT JATAYU EARTH'S CENTER,
CHADAYAMANGALAM, KOLLAM DISTRICT, KERALA, REPRESENTED
BY ITS MANAGING DIRECTOR, PADMAJAN RAJEEV, PIN - 691534
7 GURUCHANDRIKA STUDIOS PRIVATE LIMITED
ANUGRAHAM, T.C.15/601, PLOT NO.51, UDARASIROMANI ROAD,
VELLAYAMBALAM, THIRUVANANTHAPURAM, KERALA REPRESENTED
BY ITS MANAGING DIRECTOR, RAJEEV VIDYADHARAN @ RAJEEV
ANCHAL, PIN - 695010
8 UNIQUE CAVES (P) LTD
JATAYU EARTH'S CENTER, CHADAYAMANGALAM, KOLLAM
DISTRICT, KERALA ,REPRESENTED BY ITS MANAGING
DIRECTOR,RAJEEV VIDYADHARAN @ RAJEEV ANCHAL, PIN -
691534
BY ADVS.
SIDHARTH A.MENON
V.AJAKUMAR
MUHAMMED ALJUQ A.
SANDRA MARIYA
WP(C) NO. 13448 OF 2024
2
RESPONDENTS:
1 THE NATIONAL COMPANY LAW TRIBUNAL, KOCHI BENCH
THROUGH ITS REGISTRAR, COMPANY LAW BHAVAN, BMC ROAD,
THRIKKAKARA P.O., KAKKANAD, KOCHI, PIN - 682021
2 P.J.MATHEWS
NEDUMCHIRA THOTTATHIL, ADICHANALLOOR.P.O., KOLLAM, PIN
- 691573
3 DAVIDSON VATTUPPARAMPIL GEORGE
VATTUPPARAMPIL ,HOUSE, MAMMOODU.P.O., CHANGANASSERY,
KOTTAYAM, KERALA, PIN - 686553
4 PANICKER PRAVEEN RAJ GOPI
7A, ROYAL HEIGHTS, OPPOSITE N.S.S COLLEGE, NF GATE
ROAD, TRIPUNITHRA, ERNAKULAM, KERALA, PIN - 682301
5 JAYALAL BALARAJAN
KURATHATHUSSERIL HOUSE, PATHIYOOR.P.O BHAGAVATHIPADI,
ALAPPUZHA, KERALA, PIN - 690552
6 DENNIS LAVIN NORONHA
B-5, MARVE QUEEN-1, 1ST FLOOR,KHARODI, NEAR JURASSIC
PARK RESTAURANT, MARVE ROAD, MALAD WEST, MUMBAI, PIN -
400095
7 JONES MATHEWS
NEDUMCHIRA THOTTATHIL, ADICHANALLOOR.P.O., KOLLAM -,
PIN - 691573
8 JUANITA JOSEPH THODUPARAMBIL
7/11, ASSISI NAGAR, P.L.LOKHANDE,MARG, CHEMBUR, MUMBAI,
PIN - 400043
9 LALKUMAR SOMARAJAN
APD NO.5A, CORDIAL CASILDA,KOCHULLOOR, MEDICAL
COLLEGE.P.O., ULLOOR, KERALA, PIN - 695011
10 JATAYUPARA TOURISM (P) LTD
JATAYU EARTH'S CENTER JATAYU JUNCTION, CHADAYAMANGALAM,
KOLLAM, KERALA, REPRESENTED BY ITS DIRECTOR, MR. VASU
JAYAPRAKASH, PIN - 691534
11 JATAYU SCULPTURE & MUSEUM PRIVATE LIMITED
U63040KL2014PTC035795, HAVING ITS REGISTERED OFFICE AT
JATAYU EARTH'S CENTER, CHADAYAMANGALAM, KOLLAM
DISTRICT, KERALA,REPRESENTED BY ITS DIRECTOR, MS USHA B
PILLAI, PIN - 691534
12 P.R.NARAYANAN NAIR
GOKULAM A-18, TENNIS CLUB ENCLAVE, KOWDIAR,
THIRUVANANTHAPURAM, PIN - 695003
WP(C) NO. 13448 OF 2024
3
13 STATE OF KERALA
REPRESENTED BY GOVERNMENT PLEADER,HIGH COURT OF KERALA,
PIN - 682031
14 DIRECTOR, ECO-TOURISM
DEPARTMENT OF TOURISM, GOVERNMENT OF KERALA, PARK VIEW,
THIRUVANNATHAPURAM, KERALA,, PIN - 695033
15 PRINCE RAVI
CHARTERED ACCOUNTANT, GSPU & ASSOCIATES, T.C12/1443(2),
FIRST FLOOR,SYAM SCION, PMG-LAW COLLEGE ROAD, VIKAS
BHAVAN.P.O.,THIRUVANANTHAPURAM, PIN - 695033
16 SAJEE P.NAIR
SREESANKARAM, FIRST FLOOR, KRA 74 OPP.
KAITHAMUKKU.P.O., ATHANILANE, THIRUVANANTHAPURAM,
KERALA, PIN - 695024
17 RAJEEV BHASKARAN
THULASI BHAVAN, CHADAYAMANGALAM KOLLAM, KERALA, PIN -
691534
18 KRISHNAN KOODACHERI
SREE KRISHNA HOUSE, CHERUSSERI NAGAR, PALLIKULAM,
CHIRAKKAL.P.O., KANNUR, PIN - 670001
19 VASU JAYAPRAKASH
ARIYANNOOR HOUSE, KAITHA SOUTH, KANNAMANGALAM,
CHETTIKULANGARA, MAVELIKKARA, ALAPPUZHA, PIN - 690106
20 AJIT KUMAR BALARAMAN
4B 29 UNITY APARTMENT, BAF HIRA NAGAR, (RESPONDENT
KHARODI MARVE ROAD, NEAR FIRE STATION, MALAD(WEST),
MUMBAI - 400095 M.H, PIN - 400095
21 AJAY BALARAMAN
4B 29 UNITY APARTMENT, BAF HIRA NAGAR, (RESPONDENT
NO.20 KHARODI MARVE ROAD, NEAR FIRE STATION,
MALAD(WEST), MUMBAI - 400095 M.H, PIN - 400095
22 HARIDAS KRISHNANKUTTY
RARATH HOUSE PERUVEMBA.P.O., PALAKKAD, KERALA, INDIA,
PIN - 678531
23 MATHEW PANDAKASALAIL THOMAS
, PANDAKASALA, KAMPAMKODU VAYAKKAL.P.O., VALAKAM,
KOLLAM, PIN - 691532
24 C. MOHANAN PILLAI
S/O K. CHANDRASEKHARAN PILLAI, KRISHNA PRIYA,
PODIYATTUVILA.P.O., VALAKOM, KOLLAM, PIN - 691532
25 SHRI M.R BHAT ICLS
HOUSE NO. 1-4, 65/3 STREET NO. 8 LANE, ADJACENT TO MORE
SUPERMARKET, HABSIGUDA, TELANGANA,, PIN - 500007
WP(C) NO. 13448 OF 2024
4
26 SHRI SHAWN JEFF CHRISTOPHER
JVR & ASSOCIATES, CHARTERED ACCOUNTANTS WARRIOM ROAD
OPPOSITE ST.GEORGE CHURCH PALLIMUKKU, KOCHI, KERALA,
PIN - 682016
BY ADVS.
BIJOY P. PULIPRA
SANKAR P PANICKER
VINODE V. LUKA
ALINA ANNA KOSE
P.I.RAHEENA(K/283/2015)
KARTHIKA GANESH(K/003486/2023)
VISHNU PRASAD N.K.(K/000138/2024)
SANDHRA MARIA SEBASTIAN(K/694/2024)
GOPIKA GOPINATH(K/766/2021)
NITHYA SUMAM DAS(K/2010/2021)
KESIYA BIJU(K/2527/2021)
KIRAN GOPI(K/1802/2019)
SRI. ARUN CHANDY/ GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13448 OF 2024
5
T.R.RAVI.J
-------------------------------------------------------
WP(C) No.13448 of 2024
--------------------------------------------------------
Dated this the 28th day of May, 2024
JUDGMENT
The prayer in this writ petition is for quashing
Ext.P12 order and to direct the 1st respondent to pass
appropriate orders after hearing both sides. Another
prayer made is for a direction to the 1st respondent to
pass appropriate orders on Ext.P8 report after affording
an opportunity to all the parties to file their objections
and after hearing them. The third prayer made is for a
direction not to pass any orders amending/modifying
Ext.P7 order passed by the 1st respondent.
2. On 02.04.2024, this Court had passed an interim
order staying Ext.P12 order till final disposal of
WP(C)No.9427 of 2020 and restraining the 1 st respondent
WP(C) NO. 13448 OF 2024
from passing any orders in CP21/KOB/2020 modifying/
amending or implementing Ext.P7 order till the final
disposal of this writ petition. The above interim order
was challenged in WA No.611 of 2024 and connected
cases. A Division Bench of this Court by judgment dated
10.05.2024 has disposed of the appeals. In the judgment
of the Division Bench, it has been specifically noted that
the application seeking modification of Ext.P7 order has
already been withdrawn and the prayer with regard to
modification no longer survives.
3. The respondents also submit that they have no
objection in the petitioners being permitted to file their
objections and in hearing them. In Ext.P12, it has been
ordered that the report of the Administrator had been
considered after hearing extensively and all concerned
were given opportunity to submit their arguments and
WP(C) NO. 13448 OF 2024
that the report was closed for orders.
4. After hearing the parties, I am of the opinion
that opportunity ought to be granted for submitting the
objections and the matter needs to be heard after
affording the parties to submit additional pleadings, if
any.
5. The writ petition is hence disposed of recording
the submission that the application for modification of
Ext.P7 has already been withdrawn and directing the
NCLT to reconsider the order dated 20.03.2024 and pass
fresh orders after permitting the parties to put forward
their arguments on their objections, and if necessary,
permitting them to file additional objections or pleadings.
For the purpose of facilitating a fresh hearing, Ext.P12 is
set aside. This Court had on 09.04.2024, ordered that
the pendency of this writ petition shall not in any
WP(C) NO. 13448 OF 2024
manner be understood as a stay of all activities of the
project and that the payments due to the persons
employed in the project shall be released as and when
time comes on being approved by the Charted
Accountant appointed for the purpose. Since the writ
petition itself is being disposed of, the further directions
regarding the payments will continue to be in force. If
any variation is required, the parties may move the
NCLT for necessary orders.
Sd/-
T.R.RAVI
JUDGE
sn
WP(C) NO. 13448 OF 2024
APPENDIX OF WP(C) 13448/2024
PETITIONERS' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 14/3/2024 IN A.R
15/2021.
EXHIBIT P2 TRUE COPY OF LETTER NO. ET 130/2011 DATED
23/3/2020
EXHIBIT P3 TRUE COPY OF ORDER DATED 7/4/2020 IN W.P (C)
EXHIBIT P3(A) TRUE COPY OF ORDER DATED 23/3/2021 IN WP(C)
9427 OF 2020
EXHIBIT P4 TRUE COPY OF ORDER DATED 4/11/2020 IN CMA
(ARB) 1/2020 BY HON'BLE COMMERCIAL COURT,
TRIVANDRUM
EXHIBIT P5 TRUE COPY OF ORDER DATED 2/1/2023 IN CIVIL
APPEAL 9091/2022 BY THE HON'BLE SUPREME
COURT.
EXHIBIT P6 TRUE COPY OF NCLT ORDER DATED 13/01/2023
EXHIBIT P7 ORDER DATED 22/12/2023 IN CP 21/2020 BY NCLT
EXHIBIT P8 TRUE COPY OF THE REPORT DATED 12/3/2024 FILED
BY RESPONDENT 25.
EXHIBIT P9 TRUE COPY OF THE CAUSELIST DATED 19/03/2024
OF NCLT, KOCHI BENCH
EXHIBITP 10 TRUE COPY OF THE DAILY CAUSE LIST FOR
20/3/2024 OF NCLT, KOCHI BENCH
EXHIBIT P10(A) TRUE COPY OF THE SUPPLEMENTARY CAUSE LIST FOR
20/3/2024 OF NCLT, KOCHI BENCH
EXHIBIT P11 TRUE COPY OF THE DAILY ORDER DATED 19/3/2024
IN CP 21/KOB /2020
EXHIBIT P12 TRUE COPY OF THE DAILY ORDER DATED 20/3/2024
IN CP 21/KOB /2020
EXHIBIT P 13 OBJECTION TO THE REPORT OF ADMINISTRATOR
DATED 12/03/2024 FILED BY THE PETITIONER
BEFORE NCLT
RESPONDENT'S EXHIBITS
EXHIBIT R26(A) A TRUE COPY OF E-MAIL DATED 29/1/2024
EXHIBIT R26(B) A TRUE COPY OF OBJECTION DATED 27/3/2024
EXHIBIT R26(C) A TRUE COPY OF THE EMAIL DATED 25/3/2024
EXHIBIT R2(A) COPY OF THE E-MAIL SENT BY 1ST RESPONDENT
WP(C) NO. 13448 OF 2024
EXHIBIT R2(B) THE ORDER DATED 06.06.2022
EXHIBIT R2(C) COPY OF THE ORDER PASSED BY HON'BLE HIGH
COURT OF KERALA IN WRIT PETITION NO 22116
/2022 DATED 11.07.2022
EXHIBIT R2(D) ORDER DATED 20.08.2020 PASSED BY HONOURABLE
NCLT KOCHI BENCH
EXHIBIT R2(E) ORDER DATED 23-09-2020 PASSED BY HONOURABLE
NCLT KOCHI BENCH
EXHIBIT R2(F) INSPECTOR REPORT DATED 20-04-2022 FILED BY
THE INSPECTOR APPOINTED BY THE HON'BLE
TRIBUNAL
EXHIBIT R2(G) THE ORDER DATED 18-10-2022 PASSED BY THE
HON'BLE NCLAT
EXHIBIT R2(H) ORDER DATED 02-01-2023 PASSED BY HON'BLE
SUPREME COURT
EXHIBIT R2(I) ORDER DATED 13-01-2023 PASSED BY THE NCLT IN
IA(C/ACT) 3/KOB/2023 IN CP 21/KOB/2020
EXHIBIT R2(J) COPY OF THE REPORT OF THE INDEPENDENT
CHARTERED ACCOUNTANT FOR THE PERIOD FROM 30-
01-2024 TO 12-02-2024
EXHIBIT R2(K) THE CHG-1 ALONG WITH THE ATTACHMENTS THERETO
FILED WITH THE MINISTRY OF CORPORATE AFFAIRS
DATED 28/09/2017
EXHIBIT R2(L) THE COPY OF THE CP (IBC)/6/KOB/2023, WITHOUT
ANNEXURES, FILED UNDER SECTION 7 OF THE
INSOLVENCY AND BANKRUPTCY CODE, 2016 BY
DHANLAXMI BANK LIMITED FILED ON 9.01.2023
EXHIBIT R19(A) TRUE COPY OF THE MCA SERVICES DETAILS OF 6TH
RESPONDENT, DOWNLOADED FROM THE WEBSITE OF
THE MINISTRY OF CORPORATE AFFAIRS
EXHIBIT R19(B) TRUE COPY OF THE NOTICE OF BOARD MEETING AND
AGENDA DATED 09.03.2022, SIGNED BY THE 2ND
RESPONDENT
//TRUE COPY// PA TO JUDGE
