Goms E v. The Deputy Registrar
2025:MHC:1316
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.06.2025 CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH and THE HONOURABLE MR.JUSTICE N. SENTHILKUMAR Writ Petition No.32734 of 2024 and WMP.Nos.6696 & 11224 of 2025 and WMP.Nos.35576 & 35577 of 2024 Goms E S/o.Essakiyapillai 43 Rk Nagar 1st Main Road Mandaveli Chennai-600 028 .. Petitioner vs 1 The Deputy Registrar National Company Law Tribunal Chennai Chennai-600 001 2 Govindarajula Venkata Narasimha Rao Liquidator Of M/s.call Express Constructions (india)private Ltd B/1201 lansum Etania Puppalagauda Near Myhome Avatar Ranga Reddy Telan 3 Lic Housing Finance Ltd Harrington Champers No.30/1aaa Block C Second Floor Abdul Razack 1st Street Saidapet Chennai-600 015 4 Arrowlink Dealers Private Ltd Having Its Registered Office At 29b Rabindra Sarani 4th Floor Room No.413a Kolkatta-700 073 1/6
5 Chitra Perinkulam Raghavan Authorised Representive Of Homebuyers Anurag Old 16 New 7 Appadurai Street Seethamma Colony Teynampet Chennai----600 018 6 Pk Ramesh Ex-director Of M/s.call Express Constructions(india) Private Ltd 20 Poes Road 1st Street Teynampet Chennai-600 018 7 Aneetha Subramaniam Resolution Professional Of Call Express Construction (india) Private Ltd A2 Sarada Apartments 17/6 sringeri Mutt Road Mandaveli Chennai--600 028.
.. Respondents Prayer : PETITION filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorari calling for the records of the I.A.(Liq/3444(CHE)/2024 in C.P.17 of 2023 before the 1st respondent Tribunal and quash the order dated 18.10.2024 as illegal. For Petitioner :
Mr.T.K.Bhaskar for Mr.D.Praveen For Respondents :
Mr.AR.Sakthivel Senior Panel Counsel - R1 No appearance - R2 Mr.Elaya Rajkumar for M/s.Ramalingam Associates - R3 Mr.Dinesh Balachandran - R4 Ms.Chitra Perinkulam Raghavan (Party-in-person) - R5 Mr.P.H.Arvind Pandian, Senior Counsel for Mr.J.R.Jayant - R6 Mr.Arjun Suresh - R7 Mr.Maninder Singh, Senior Counsel for Ms.Smriti Asmita (for the impleading petitioners) 2/6
O R D E R
(Order of the Court was made by Dr.ANITA SUMANTH.,J) Read this order in conjunction with and in continuation of order dated 09.06.2025 that reads as follows:
'Heard Mr.A.R.Sakthivel, learned Senior Panel Counsel for R1, Mr.Elaya Rajkumar for M/s.Ramalingam Associates for R3, Mr.Dinesh Balachandran for R4, Ms.Chitra Perinkulam Raghavan (party in person) for R5, Mr.P.H.Arvind Pandian, learned Senior Counsel for Mr.J.R.Jayant for R6, Mr.Arjun Suresh for R7 and Ms.Smriti Asmita for the impleading petitioner. Memo of petitioner seeking impleadment be filed by end of day today.
List on 10.06.2025 as item No.01.'
2. Memo dated 09.06.2025 has also been filed by the impleading petitioners, who represent one faction of the home buyers, reading thus: 'The Petitioners submits as follows:
1. That we are the impleading Petitioners in the above mentioned petition who have filed the above impleading petition WMP No.1224/2025.
2. That the matter was listed today i.e. 09.06.2025 for arguments and during the course of arguments it was stated by the counsel for the Petitioner and the Respondent No.6(Mr.P.K.Ramesh) that the petitioners of WP No.32734/2024 have proposed for a new resolution plan as they have a confirmed resolution applicant.
The impleading petitioner of WMP No.11224/2025 are home buyers and are interested to get their flats completed which have been abandoned by the respondent no 6 and they have suffered huge losses till today. The impleading petitioners are 3/6
willing to participate in the process and are hereby giving their consent for the resolution as per the order that may be passed by this Hon'ble Court.
It is prayed that this Hon'ble Court may be pleased to allow the Impleading Petitioners to participate in the resolution process in the interest of justice and pass such further order or orders deem fit to the circumstances.'
3. In light of the concurrence expressed by all parties, let a meeting of the Committee of Creditors (CoC) be convened under the chairmanship of the Resolution Professional on 12.06.2025 at 11.00 a.m. at B3, Sarada Apartments, 17/6, Sringeri Mutt Road, Mandaveli, Chennai - 600 028 by physical/hybrid mode.
4. No further notice is required to be issued to the parties and this order shall be taken to be notice for convening of the meeting of the CoC as aforesaid.
5. Needless to state, the home buyers and other parties to this order who do not form part of the CoC shall attend the meeting solely to ensure that their suggestions are put forth before the Committee for consideration.
6. The following are the agreed timelines to be adhered to scrupulously.
S.No Event Statutory Timeline Estimated Last Date 1.
Form G- Invitation of expression of interest T 13.06.2025 4/6
S.No Event Statutory Timeline Estimated Last Date 2.
Last date for submission of expression of interest T + 15 days (Regulation 36A (3)(b) of CIRP Regulations) 28.06.2025 3.
RP must preparing list of eligible Prospective Resolution Applicants (PRAs) from the list of persons who submitted their response to Form G T + 25 (Regulation 36A
(10) of CIRP Regulations) 08.07.2025 4.
Objections to be received to the list of PRAs finalised by the RP T + 30 (Regulation 36A
(11) of CIRP Regulations) 13.07.2025 5.
RP to publish list of PRAs after considering objections T + 40 (Regulation 36A
(12) of CIRP Regulations) 23.07.2025 6.
Issuance of Information Memorandum, Evaluation Matrix and RFRP by the RP to the PRAs T + 45 (Regulation 36B (1) of CIRP Regulations) 28.07.2025 7.
Due Date for submission of Resolution Plan T + 75 (Regulation 36B (3) of CIRP Regulations) 27.08.2025
7. Therefore, by consent of all learned counsel, and in view of the resolution now achieved by virtue of the present order, impugned order dated 18.10.2024 passed by the National Company Law Tribunal (NCLT) is set aside and the matter remanded to the file of the NCLT, to be listed on 01.09.2025 for orders as appropriate.
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DR. ANITA SUMANTH,J.
and N. SENTHILKUMAR.,J
8. This Writ Petition is allowed in terms of the above order. No costs. Connected Miscellaneous Petitions are closed. [A.S.M., J] [N.S., J] sl 10.06.2025 Index:Yes/No Speaking order Note: Registry is directed to upload and issue this order today.
To 1 The Deputy Registrar National Company Law Tribunal Chennai Chennai-600 001 Writ Petition No.32734 of 2024 and WMP.Nos.6696 & 11224 of 2025 and WMP.Nos.35576 & 35577 of 2024 6/6