Karnataka High Court
Mr. Sushil Mantri vs The Registrar on 30 May, 2023
Author: K.Somashekar
Bench: K.Somashekar
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WP No. 7706 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF MAY, 2023
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
WRIT PETITION NO. 7706 OF 2023 (GM-RES)
BETWEEN:
MR. SUSHIL MANTRI,
S/O SHRI PANDURANG MANTRI,
AGED ABOUT 60 YEARS,
DIRECTOR CUM SHARE HOLDER/
LARGE STAKEHOLDER IN
MANTRI DEVELOPERS PRIVATE LIMITED,
CIN NO.U70102KA1990PTC027924
NO.41, MANTRI HOUSE,
VITTAL MALLYA ROAD,
BANGALORE 560041
...PETITIONER
(BY SRI. M.S. SHAM SUNDAR, SENIOR ADVOCATE FOR
MISS. VANDANA P.L., ADVOCATE)
AND:
Digitally signed by
VIJAYALAKSHMI 1. THE REGISTRAR
BN NATIONAL COMPANY LAW TRIBUNAL,
Location: HIGH BANGALORE BENCH,
COURT OF RAHEJA TOWERS, 12TH FLOOR,
KARNATAKA
M.G. ROAD, BANGALORE 560001
2. INDIABULLS HOUSING FINANCE LIMITED
M-62 AND 63, FIRST FLOOR,
CONNAUGHT PLACE,
NEW DELHI 110001,
ALSO AT: 116, KRISHNA ARCADE,
BETWEEN 12TH AND 11TH CROSS,
MARGOSA ROAD, MALLESHWARAM,
BENGALURU, KARNATAKA-560003
3. MR. AHSAN AHMAD
FATHER'S NAME NOT KNOWN,
AGED MAJOR,
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WP No. 7706 of 2023
INTERIM RESOLUTION PROFESSIONAL IN
CP(IB) NO.94/BB/2022-NCLT-BANGALORE,
IBBI/IPA-002/IP-N00987/2020-2021/13183
BB-31, DDA HIG FLATS, POCKET-9A,
JASOLA VIHAR, NEW DELHI,
NATIONAL CAPITAL TERRITORY OF DELHI-110025
EMAIL: [email protected]
MOBILE: 9891652751
...RESPONDENTS
(BY SRI. PRASHANTH, ADVOCATE FOR
MISS PRUTHA BHRATHI, ADVOCATE FOR R-2)
THIS WP IS FILED UNDER ARTICLES 227 OF THE
CONSTITUTION OF INDIA, 1950 PRAYING TO ISSUE A WRIT IN
"DECLARATION" THAT CP(IB) NO.94/BB/2022 FILED UNDER
SECTION 7 OF IBC BEFORE THE NCLT, BANGALORE IS NOT
MAINTAINABLE FOR WANT OF JURISDICTION BECAUSE THE
RESPONDENT HAD ALREADY FILED CP(IB) NO.92/BB/2022 UNDER
SECTION 95 OF THE IBC AGAINST THE PETITIONER AND AS THE
MATTER IS SEIZED OF THE HON'BLE SUPREME COURT OF INDIA IN
WRIT PETITION (CIVIL) NO.923/2022 AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
K.SOMASHEKAR., J., MADE THE FOLLOWING:
ORDER
Learned counsel Miss. Vandana P.L. for petitioner, who is on record in this matter has secured the services of the learned Senior counsel namely, Sri. M.S. Sham Sundar, who is appearing through video conferencing. -3- WP No. 7706 of 2023
2. Learned counsel Miss. Prutha Bharathi for respondent No.2, who is on record is represented by learned counsel Sri. Prashanth.
3. Learned counsel Sri. Rishi representing the petitioner, who is present before the Court physically, has filed a memo along with a copy of the order passed by the Hon'ble Supreme Court of India in SLA (C) No.8023/2023.
4. Learned Senior counsel representing the petitioner submits that in the aforesaid order, the Hon'ble Supreme Court of India without making any comments with regard to the merits of the case, made an observation that the National Company Law Appellate Tribunal (NCLAT) may pass appropriate order after hearing the parties.
5. Therefore, keeping in view of the submission made by the learned Senior counsel for the petitioner in this matter and in pursuance of the order passed by the Supreme Court of India as stated above, this writ petition do not have any substance to proceed further to consider the relief as sought for in this writ petition.
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6. In terms of the order passed by the Hon'ble Supreme Court of India, this writ petition is hereby disposed of.
Sd/-
JUDGE Sd/-
JUDGE PMR List No.: 1 Sl No.: 7