Mandava Holdings Pvt Ltd, vs Ptc India Financial Services Limited,
2025 Latest Caselaw 2248 Tel

Telangana High Court

Mandava Holdings Pvt Ltd, vs Ptc India Financial Services Limited, on 17 February, 2025

      THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL

                                   AND

             THE HON'BLE SMT. JUSTICE RENUKA YARA

                      WRIT APPEAL No.59 of 2025
JUDGMENT:

(Per the Hon'ble the Acting Chief Justice Sujoy Paul)

Sri Avinash Desai, learned Senior Counsel appearing for

Sri V.V.S.N.Raju, learned counsel for the appellant; Sri Niranjan

Reddy, learned Senior Counsel appearing for Sri Sai Sanjay

Suraneni, learned counsel for respondent No.1 and Sri K.Vivek

Reddy, learned Senior Counsel appearing for

Sri Amir Bavani, learned counsel for respondent No.3.

2. Learned Senior Counsel for the appellant submits that

in furtherance of the impugned order of learned Single Judge,

dated 24.12.2024 in WP.No.20620 of 2024, the appellant has

preferred an application under Section 60 (5) of the Insolvency and

Bankruptcy Code, 2016 (for short "Code"), which is pending

consideration before the National Company Law Tribunal

(N.C.L.T.), Hyderabad. The said authority may be directed to

decide the said application in accordance with law without getting

influenced by findings given on merits by the learned Single Judge

in the impugned order.

3. Learned Senior Counsel appearing for respondent Nos.1 and

3 respectively have no objection to this innocuous prayer.

4. Accordingly, the Writ Appeal is disposed of by reserving

liberty to the appellant to prosecute his pending application under

Section 65 of the Code before the N.C.L.T. The learned N.C.L.T.

shall decide the matter after hearing the parties,

in accordance with law, on its own merits, without getting

mechanically influenced by any findings given in the impugned

order by the learned Single Judge. No costs.

Interlocutory applications, if any pending, shall also stand

closed.

_________________________ SUJOY PAUL, ACJ

__________________________ RENUKA YARA, J

17.02.2025

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