Mr.Rajeev Vidyadharan@ Rajeev Anchal vs The National Company Law Tribunal
2025 Latest Caselaw 1101 Ker

Kerala High Court

Mr.Rajeev Vidyadharan@ Rajeev Anchal vs The National Company Law Tribunal on 17 July, 2025

RP No.769 of 2025

                                  1
                                                      2025:KER:52654

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

        THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI

                                  &

              THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.

     THURSDAY, THE 17TH DAY OF JULY 2025 / 26TH ASHADHA, 1947

                          RP NO. 769 OF 2025

        AGAINST THE ORDER/JUDGMENT DATED 09.06.2025 IN WA NO.1224 OF

2025 OF HIGH COURT OF KERALA

REVIEW PETITIONERS:
     1     MR.RAJEEV VIDYADHARAN@ RAJEEV ANCHAL
           AGED 63 YEARS
           GURUCHANDRIKA, SNEHAPURAM, SANTHIGIRI.P.O., KOLIYAKODE
           VILLAGE, KEEZTHONNAKKAL, THIRUVANANTHAPURAM, KERALA.,
           PIN - 695589

    2       PADMAJAN RAJEEV
            AGED 63 YEARS
            12/600 (18/799), GURUCHANDRIKA, SANTHIGIRI.P.O.,
            POTHENCODE, THIRUVANANTHAPURAM, KERALA, REPRESENTED BY
            HIS POWER OF ATTORNEY HOLDER PADMAM RAJEEV., PIN -
            695589

    3       GARGI RAJEEV
            AGED 40 YEARS
            12/600 (18/799), GURUCHANDRIKA, SANTHIGIRI.P.O.,
            POTHENCODE, THIRUVANANTHAPURAM, KERALA., PIN - 695589

    4       PADMAM MAVILAVEEDU SAHADEVAN @ SHAJI RAJEEV
            AGED 55 YEARS
            12/600 (18/799), GURUCHANDRIKA, SANTHIGIRI.P.O.,
            POTHENCODE, THIRUVANANTHAPURAM, KERALA., PIN - 695589

    5       M/S.GURUCHANDRIKA BUILDERS & PROPERTY (P) LTD.,
            CIN:U70101KL2010PTC026835, REPRESENTED BY ITS MANAGING
            DIRECTOR, MR.RAJEEV VIDYADHARAN ALIAS RAJEEV ANCHAL,
            HAVING ITS REGISTERED OFFICE AT JATAYU EARTH'S CENTER,
            CHADAYAMANGALAM, KOLLAM DISTRICT, KERALA, PIN - 691534
 RP No.769 of 2025

                                 2
                                                     2025:KER:52654

    6     JATAYUPARA ADVENTURE TOURISM (P) LTD.,
          CIN:U63040KL2014PTC035795, REPRESENTED BY ITS DIRECTOR,
          GARGI RAJEEV, HAVING ITS REGISTERED OFFICE AT JATAYU
          EARTH'S CENTER, CHADAYAMANGALAM, KOLLAM DISTRICT,
          KERALA., PIN - 691534

    7     GURUCHANDRIKA STUDIOS PRIVATE LIMITED
          CIN:U74999KL2017PTC051110, 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.,
          CIN:U63040KL2012PTC030706 JATAYU EARTH'S CENTER,
          CHADAYAMANGALAM, KOLLAM DISTRICT, KERALA. REPRESENTED
          BY ITS MANAGING DIRECTOR, RAJEEV VIDYADHARAN @ RAJEEV
          ANCHAL., PIN - 691534


          BY ADVS.
          SRI.SIDHARTH A.MENON
          SMT.VINITHA S.T.
          SHRI.V.AJAKUMAR
          SMT.SANDRA ANN T. JOSEPH
RESPONDENTS:
     1     THE NATIONAL COMPANY LAW TRIBUNAL,
           KOCHI BENCH, THROUGH ITS REGISTRAR, COMPANY LAW BHAVAN,
           BMC ROAD, THRIKKAKARA P.O., KAKKANAD, KOCHI-682 021.

    2     P.J.MATHEWS
          NEDUMCHIRA THOTTATHIL, ADICHANALLOOR.P.O., KOLLA, 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
 RP No.769 of 2025

                                3
                                                    2025:KER:52654

          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.
          CIN:U63040KL2014PTC037707, 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

    13    THE STATE OF KERALA
          REPRESENTED BY THE, CHIEF SECRETARY ,GOVERNMENT
          SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001

    14    DIRECTOR, ECO-TOURISM
          DEPARTMENT OF TOURISM, 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
 RP No.769 of 2025

                                4
                                                    2025:KER:52654

    17    RAJEEV BHASKARAN
          THULASI BHAVAN, CHADAYAMANGALAM, KOLLAM, KERALA,, PIN -
          69153

    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 KERALA,, PIN -
          690106

    20    AJIT KUMAR BALARAMAN
          4B 29 UNITY APARTMENT, BAF HIRA NAGAR, KHARODI MARVE
          ROAD, NEAR FIRE STATION, MALAD(WEST), MUMBAI., PIN -
          400095

    21    AJAY BALARAMAN
          4B 29 UNITY APARTMENT, BAF HIRA NAGAR, KHARODI MARVE
          ROAD, NEAR FIRE STATION, MALAD(WEST), MUMBAI. M.H, PIN
          - 400095

    22    HARIDAS KRISHNANKUTTY
          RARATH HOUSE PERUVEMBA.P.O., PALAKKAD, KERALA, INDIA,
          PIN - 678531

    23    MATHEW PANDAKASALAILTHOMAS
          PANDAKASALA,KAMPAMKODU, VAYAKKAL.P.O., VALAKAM,
          KOLLAM .KERALA, 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

    26    SHRI SHAWN JEFF CHRISTOPHER
          JVR & ASSOCIATES, CHARTERED ACCOUNTANTS WARRIOM ROAD
          OPPOSITE ST.GEORGE CHURCH, PALLIMUKKU, KOCHI, KERALA,
          PIN - 682016


THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 10.07.2025,
THE COURT ON 17.07.2025 DELIVERED THE FOLLOWING:
 RP No.769 of 2025

                                            5
                                                                      2025:KER:52654



                                        ORDER

Sushrut Arvind Dharmadhikari, J.

Heard on the question of admission.

2. The present Review Petition has been filed under Order XLVII

Rule 1 read with Section 114 of the CPC, 1908 seeking review of the judgment

dated 09.06.2025 passed in WA No.1224/2025 whereby Writ Appeal was

disposed of upholding the judgment passed by the learned Single Judge and

directions were issued to avail alternative remedy of appeal under Section 421

of the Companies Act, 2013. The Review Petitioners are the appellants 1 - 8 in

the Writ Appeal and the petitioners in the Writ Petition.

3. When the matter came up for admission, and after hearing

both sides, this Hon'ble Court has decided to direct the appellants to approach

the Hon'ble NCLAT within a period of 15 days from the date of the judgment. It

was categorically stated in paragraph 10 of the judgment passed by this

Hon'ble Court that this Court has not gone into the merits of the matter.

However in direct contradiction of the same in paragraph 8 of the order it is

observed that:

"The learned Single Judge was right in holding that the appellants have made an attempt to suppress material facts. Moreover, contention t hat the impugned orders amount to review of Exts.P10 and P11 cannot be found fault with since the Tribunal is vested with the discretion to pass necessary orders to ensure proper functioning of the Project till the company petition is decided."

4. However, in paragraph 10 of the judgment, this Hon'ble

Court held thus:

2025:KER:52654

"10. In circumstances, without entering into the merits of the case, the appellants are granted liberty to approach the NCLAT in appeal within a period of 15 days from today."

5. Learned counsel for the petitioners contended that such

findings are contradicting and contrary to each other and constitute an error

apparent on the face of record. If findings in paragraph 8 of the judgment

dated 09.06.2025 are not deleted and the appellants are given an

untrammelled right to challenge the action of NCLT in appeal, it would not

grant any effective remedy. This Court has erred in holding that the appellants

attempted to suppress the material facts since there is no reference as to

which fact was suppressed for no reason as to how it amounted to suppression

of material facts was mentioned in the judgment. Therefore, paragraph 8 of the

impugned judgment deserves to be reviewed and deleted.

6. Per contra learned counsel appearing for the respondents

herein submitted that there is no apparent error on the face of record and as

such, Review Petition deserves to be dismissed.

7. Heard the learned counsel for the parties.

8. In our considered opinion, in paragraph 10 of the impugned

judgment, we have in specific terms mentioned that "without entering into the

merits of the case, the appellants are granted liberty to approach the NCLAT in

appeal within a period of 15 days from today." Therefore, certain observations

made in paragraph 8 with regard to attempt to suppress material facts

deserves to be deleted as that observation may come in the way of deciding

the appeal before the NCLAT. Accordingly, the direction contained in paragraph

8 that "the learned Single Judge was right in holding the appellants have made

an attempt to suppress material facts" is hereby deleted. In case, the appeal is

2025:KER:52654

preferred as directed by this Court, then the NCLAT shall not be prejudiced by

the observations made in the said judgment. Accordingly the petition stands

allowed. This order be read in conjunction with judgment dated 09.02.2025

passed in WA No.1224/2025.

sd/-

SUSHRUT ARVIND DHARMADHIKARI JUDGE

sd/-

SYAM KUMAR V.M. JUDGE Nsd