2023 (7) TMI 1531 - HC - IBC

Dismissal of petition as withdrawn - respondents approached the NCLT Mumbai Bench without impleading the petitioner as part - HELD THAT - Issue notice to the respondents returnable by six weeks.

Summary

In the case before the Rajasthan High Court, presided over by Hon'ble Mr. Justice Inderjeet Singh, the petitioner, represented by Mr. R.D. Rastogi, ASG, argued against the jurisdiction of the National Company Law Tribunal (NCLT) Mumbai Bench regarding a matter under the Prevention of Money Laundering Act (PMLA). The petitioner cited precedents from the Delhi High Court (Rajiv Chakraberty Resolution Professional of EEIL Vs. Directorate of Enforcement, 2022 SCC Online DEL 3703) and the Madras High Court (Deputy Director, ED Vs. Asset Reconstruction Company, 2020 SCC Online MAD 28090) to support their position. The petitioner contended that the proceedings under the PMLA are pending before the PMLA Appellate Tribunal, which has already issued a status quo order concerning the disputed property. The petitioner also noted that a previous writ petition (D.B. Civil Writ Petition No. 18091/2019) was dismissed as withdrawn, and the respondents approached the NCLT Mumbai Bench without including the petitioner, despite the proceedings being registered in Jaipur. Consequently, the court issued a notice to the respondents, returnable in six weeks, and stayed the operation of the NCLT Mumbai order dated 24.02.2022 and any further proceedings related to it.