R.Karunakaran v. The Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.07.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI and W.M.P.No.19469 of 2024 in W.P.No.17727 of 2024 R.Karunakaran S/o.Ranganathan .. Petitioner Vs.
1. The Registrar National Company Law Tribunal Chennai Bench Chennai.
2. M/s.Nagarjuna Oil Corporation Limited Kayalpattu, Kambalimedu Thiruchopuram & Andarmullipallam Villages Cuddalore Taluk Cuddalore.
3. V.Mahesh Liquidator of M/s.Nagarjuna Oil Corporation Limited No.55, Anna Salai, Capitale Towers B Wing, 8th Floor (Opp. to Grand Hyats Hotel) Teynampet, Chennai-600 018.
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4. IDBI Bank Limited Represented by all the Secured Financial Creditors of NOCL IDBI Tower, WTC Complex Caffe Parade, Mumbai - 400 005.
5. Haldia Petrochemical Limited Tower 1, Bengal Eco Intelligent Park (Techna) Block E, Plot No.3 Sector V, Salt Lake Kolkatta - 700 091.
6. The Superintendent of Police Office of the Superintendent of Police Cuddalore District.
.. Respondents Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorari, to quash the E-Auction Notice published on 05.06.2024 by the 3rd respondent. For Petitioner :
Mr.R.Esakki Raja *****
O R D E R
(Order of the Court was made by M.Sundar, J.) Captioned main 'Writ Petition' {hereinafter 'WP' for the sake of brevity} has been filed seeking a writ of certiorari qua a 'E-auction notice dated 05.06.2024' {hereinafter 'impugned auction notice' for the sake of convenience, clarity and brevity} issued by R3 and a scanned reproduction of the impugned auction notice as placed before us is as 2/8
follows:
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2. Auction is scheduled to be held on 08.07.2024 between 9.30 hours and 18.00 hours.
3. Mr.R.Esakki Raja, learned counsel on record for writ petitioner, adverting to support writ affidavit submits that one 'Petron Engineering Construction Limited' {hereinafter 'PECL' for the sake of brevity} was doing some civil work for R2 (Nagarjuna Oil Corporation Limited, Kayalpattu, Kambalimedu, Thiruchopuram & Andarmullipallam Villages, Cuddalore Taluk, Cudalore, which is under liquidation vide proceedings before 'National Company Law Tribunal, Chennai Bench' {hereinafter 'NCLT' for the sake of brevity} vide order dated 11.12.2018) and that writ petitioner is a sub-contractor of PECL. In support of this contention, learned counsel drew our attention to two work orders dated 08.02.2011 and 11.03.2011 issued by PECL to writ petitioner.
As regards proceedings before NCLT, learned counsel drew our attention to list of stakeholders and further drew our attention to S.Nos.65 and 66 which talk about 'R.K.Transport' and 'R.Karunakaran' as stakeholders and the tabulation shows them as 'transporter' and 'material supplier' respectively. It also shows that they are unsecured creditors and that their claims have been partially admitted.
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4. We carefully perused the aforementioned papers to which our attention was drawn. The tabulation before NCLT is qua a company which goes by name 'KSS Petron Private Limited' {hereinafter 'KSSPPL' for the sake of brevity} and not PECL. Obviously, a company being a juristic person, PECL and KSSPPL cannot be one and the same and no document or material was brought to our notice to show that PECL and KSSPPL are one and the same.
5. In the light of the narrative thus far, on the aforementioned short point, we find that captioned WP does not pass muster in the Admission Board.
6. Be that as it may, we make it clear that if the writ petitioner approaches NCLT or any other Fora on the subject matter of captioned WP, such Fora shall consider the matter on its own merits and in accordance with law de hors dismissal of captioned WP by this order. To put it differently, this order will neither impede nor serve as an impetus as regards such other action at law in NCLT or any other Fora. 5/8
7. Ergo, the sequitur is, captioned main WP is dismissed albeit preserving the rights of the writ petitioner in the aforesaid manner. Consequently, captioned Writ Miscellaneous Petition is also dismissed. There shall be no order as to costs.
(M.S.J.) (K.G.T.J.) 03.07.2024 Index:Yes/No Speaking/Non-speaking mk 6/8
To
1. The Registrar National Company Law Tribunal Chennai Bench Chennai.
2. Ms.Nagarjuna Oil Corporation Limtied Kayalpattu, Kambalimedu Thiruchopuram & Andarmullipallam Villages Cuddalore Taluk Cuddalore.
3. V.Mahesh Liquidator of M/s.Nagarjuna Oil Corporation Limited No.55, Anna Salai, Capitale Towers B Wing, 8th Floor (Opp. to Grand Hyats Hotel) Teynampet, Chennai-600 018.
4. IDBI Bank Limited Represented by all the Secured Financial Creditors of NOCL IDBI Tower, WTC Complex Caffe Parade, Mumbai - 400 005.
5. Haldai Petrochemical Limited Tower 1, Bengal Eco Intelligent Park (Techna) Block E, Plot NO.3 Sector V, Salt Lake Kolkatta - 700 091.
6. The Superintendent of Police Office of the Superintendent of Police Cuddalore District.
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M.SUNDAR.J., and K.GOVINDARAJAN THILAKAVADI, J., mk 03.07.2024 8/8