9911796707
TMI Blog2023 (11) TMI 316X X X X Extracts X X X X X X X X Extracts X X X X ..... . 2. Disposed of. LPA 717/2023, CM APPL. 55071/2023, CM APPL. 55072/2023 3. The present appeal is directed against judgment dated 07th August, 2023 ("Impugned Judgment") passed by the learned Single Judge of this Court dismissing the underlying writ petition being W.P.(C) 10042/2023. 4. Briefly put, Appellant No. 1-Company, acting through Appellant No. 2, its Director/ Authorized Signatory, is the second assignee of certain assets of a company undergoing liquidation, i.e., Growthways Trading Private Limited ("GTPL"), before the National Company Law Tribunal ("NCLT"). Said assets, includes outstanding dues owed by the Department of Post to GTPL. The aforesaid writ petition came to be filed by the Appellant seeking, remittance of the out ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pond, but thereafter, re-directed the grievance to the Air Mail Sorting Division, New Delhi of Respondents No. 3 and 4. Thereafter, in December, 2020, the IRP reached out to the SSRM, Air Mail Sorting Division of Respondent No. 4, in relation to the dues. In response, the IRP was informed that all eligible postal articles stood paid and compensated, as the case may be, to GTPL. Pursuant thereto, a legal notice dated 27th March, 2021 was sent on behalf of the IRP, to Respondent No. 4, demanding payment of the aforementioned dues, however, it bore no fruit, and Respondent No. 4 simply re-iterated their earlier response. 5.3. The IRP filed an application (I.A. No. 4848/2021 in C.P. NO. (IB). 1443/ND/2019) before the NCLT under Section 60(5) o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ounts in various correspondence, Respondent No. 4 showed reluctance to address the issue of payment of outstanding dues, and in fact, complaints/ grievances were needlessly and deliberately directed to different departments. 6. In the aforenoted circumstances, the Appellant preferred the underlying writ petition, which was disposed of through the Impugned Judgment wherein the Court had held as under: "3. Learned Counsel for. the Petitioner contends that Section 37 of the Indian Post Office Act, 1898 stipulates that every undelivered postal article after detained in the post office for a period prescribed under Section 37, shall be either forwarded free of further charge to the post office at which it was posted or returned to. the sender ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... application or proceeding by or against the corporate debtor or corporate person; (b) any claim made by or against the corporate debtor or corporate person, including claims by or against any of its subsidiaries situated in India; and (c) any question of priorities or any question of law or facts, arising out of or in relation to the insolvency resolution or liquidation proceedings of the corporate debtor or corporate person under this Code." "37A. Assignment of not readily realisable assets. 37A. (1) A liquidator may assign or transfer a not readily realisable asset through a transparent process, in consultation with the stakeholders' consultation committee in accordance 'with regulation 31A, for a consideration to any pers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ursued the NCLT. 11. The writ petition is dismissed along with pending application(S), if any." Appellant's Contentions 7. By way of the present appeal, Mr. Manoj Kumar Garg, counsel for Appellants, assails the Impugned Judgment on following grounds: 7.1. It has been erroneously held that it was not open for the Petitioner to approach this Court under Article 226 of the Constitution of India for recovery of the amount in-question. 7.2. The Impugned Judgment fails to appreciate that Respondent Nos. 2 to 4 violated Section 37(3) of the Act in dereliction of their duties, by not delivering the orders/consignments to the customers nor returning back said orders/consignments to the origin, in terms of the said provision. 7.3. The Impug ..... X X X X Extracts X X X X X X X X Extracts X X X X
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