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TMI Blog2020 (3) TMI 853X X X X Extracts X X X X X X X X Extracts X X X X ..... er fact has been disclosed in the writ petition. Therefore, prima facie I hold that the Managing Director has suppressed a vital information from this Court while filing the writ petition and on that ground, the writ petition, has to be dismissed as not maintainable. The fact is that the on going process of project is under a cloud of suspicion since the Thoothukudi Smart City Limited has disclaimed offering of any project to the petitioner herein. Even otherwise, the petitioner should have informed the Interim Resolution Professional about the institution and filing of the writ petition. The writ petitioner has not only suppressed the facts before the Court but, deliberately screened material facts from the knowledge of the Interim Reso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner states that they came across a circular dated 07.02.2018, bearing DBR.No.BP.BC.100/21.04.048/2017-18, issued by the Reserve Bank of India. According to the said circular, it had been stated that the accounts as on 31.08.2017, if they are regular, should not be declared as Non-Performing Account. Taking refuge under the said circular, the writ petition has been filed. The writ petitioner in her affidavit stated that the respondent bank had shown her account as 'standard' as on 31.08.2017. It is also stated that the borrowal did not exceed 4 crores. It is also stated that the company is registered under the GST regime as on 31.01.2018. It is also stated that without considering the representation letter dated 08.02.2018, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r in any Court of law alone is prohibited but, it does not prohibit institution of proceedings by a corporate debtor against his debtors. As seen, the Original Side Appeal was a continuation of the decree in C.S.No.632 of 2018. In the said suit, the plaintiff has filed an application for judgment, and a decree on admission, was partly allowed by the learned Single Judge. As against the judgment, the defendant therein had filed an Original Side Appeal. 5. In the present case, the facts are totally different. This is a writ petition instituted by a director, when admittedly, on the date of filing of the writ petition an Interim Resolution Professional had been appointed by the NCLT for executing Corporate Insolvency Resolution Process. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Learned counsel appearing for respondent bank drew the attention of this Court to the order of the National Company Law Appellate Tribunal, New Delhi, which has also been suppressed in the writ petition. Even otherwise one further fact is that the NCLT, Chennai appears to have passed an order directing handing over of documents of the property at Sun Rise Avenue, Sholinganallur Village, Sholinganallur Taluk, Kanchipuram District, bearing Old Survey No.1/1G and New Survey No.1G/294/A1/B1 which had already been mortgaged to some third party and there was an undertaking given by the present writ petitioner Ms.Vijayalakshmi Subburaj that the documents of the said property would be handed over to the Interim Resolution Professional within four d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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