9911796707
TMI Blog2023 (4) TMI 449X X X X Extracts X X X X X X X X Extracts X X X X ..... aking any coercive action against the petitioner on account of the orders impugned in the Writ Petition and therefore, if an action, taken pursuant to disciplinary action, alone will be violative of the injunction order and in this case, the application is filed on allegations of disclosing the valuation report etc., and therefore, will not fall within the prohibition granted by this Court. This finding is prima facie rendered because the same is cited as an extra-ordinary reason to entertain the Writ Petition under Article 226 of the Constitution of India. As otherwise, it is clear that when an appeal from an order passed by the NCLAT under Section 61 of the IBC lies before the Hon ble Supreme Court of India as per Section 62 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s appointed as its Liquidator . 1.2. While so, the first respondent, IDBI Bank Limited , moved an application in IA/815/IB/2020, under Section 60(5) of the IBC , inter alia , for removal of the petitioner from acting as Liquidator . It was the contention of the respondent Bank that as a Liquidator , he had shared the valuation report with the prospective scheme proponents and he also suppressed the fact that he does not possess a valid authorization as per Regulation 7A of the Insolvency and Bankruptcy Board of India (Resolution Professionals) Regulations, 2016 . The petitioner resisted the said application questioning the authority of the respondent Bank and also the maintainability of the above application. 1.3. By an order, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inafter referred to as ' NCLAT ') in Company Appeal (AT) (CH) (Ins.)No.269 of 2022. By an order, dated 20.12.2022, the NCLAT found that the appointing authority has the power of removal; the Liquidator does not have any personal right to continue in the Liquidation process; the interim injunction passed by the Madras High Court is only in relation to the Disciplinary Proceedings initiated against the petitioner; the appellant did not possess the legally required Authorization for Assignment as per the regulations and dismissed the appeal filed by the petitioner. Feeling aggrieved, the present Writ Petition is filed by the petitioner. B. The Submissions : 2. Heard Mr.CA.V.Venkata Siva Kumar , the party-in-person and M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Realty XII Ltd. and Ors. [MANU/SCOR/130213/2022] (C.A.No.9062 of 2022), placing reliance on page No.16 of the said judgment. He also relied upon a judgment of the Hon'ble Supreme Court of India in Embassy Property Developments Private Ltd. Vs. State of Karnataka and Ors. [(2020) 13 SCC 308] , more particularly paragraph Nos.8, 9 and 52, questioning the propriety of the orders passed by the NCLT and the NCLAT . To press home the point that an order, passed in violation of the interim order of the Court, is a nullity, he relied upon a judgments of the Hon'ble Supreme Court of India in Amar Kumar Behera Vs. State of Odisha and Ors. [2022 SCC OnLine Ori 780] and Ram Kumar Vs. State of Uttar Pradesh and Ors. [2022 SCC OnLi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... either side and perused the material records of the case. At the outset, we find that the earlier Writ Petitions in W.P.Nos. 4458 and 4463 of 2021 are entertained by this Court as they relate to the orders passed by way of Disciplinary Proceedings against the petitioner as per the relevant regulations and prima facie , we are of the view that the interim order of this Court, dated 26.02.2021, is an interim order of injunction restraining the respondents, their servants or agents or any other person from taking any coercive action against the petitioner on account of the orders impugned in the Writ Petition and therefore, if an action, taken pursuant to disciplinary action, alone will be violative of the injunction order and in this case, ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
