Adv(Ca)V.Venkata Sivakumar v. The Registrar Of The National
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-11-2025
CORAM
THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W .M.P. No.
49638 & 49643 of 2025
1. Adv(ca)v.Venkata Sivakumar No.10/11 Dr.Subbarayan Nagar Main Road, Kodambakkam, Chennai-600 024.
Petitioner(s) Vs
1. The Registrar Of The National Company Law Appellate Tribunal-Chennai Bench, Corporate Bhawan, II Floor, Beach Road, Mannady, George Town, Chennai-600 001 2.UCO Bank Ltd Rep By Its Mr.Sanjeev Das -AGM, No.328, 2nd Floor, Thambu Chetty Street, Chennai-600 001 3.Canara Bank Rep. By Sathya Hari - Chief Manager, ARM Branch Circle Office, 1st Floor, Page 1/5
St.Marys Campus, East Veli Street, Madurai-625 001.
Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order dated 26.09.2025 passed by the Hon'ble National Company Law appellate Tribunal , Chennai Bench (the 1st respondent )in company Appeal (AT)(CH)(Ins)No.481 of 2025 in I.A.No.1364 of 2025 and quash the said order as being arbitrary, without authority of law in excess of jurisdiction conferred under the Insolvency and Bankruptcy code 2016 violative of Section 61(2) of the said code and opposed to the principles of natural justice having been vitiated by misrepresentation and malafide intent and consequently declare the same null and void.
For Petitioner(s) :
ADV(CA)V.Venkata Sivakumar (Party in Person) For Respondent(s) :
Mrs.Indumathi Ravi Senior Panel Counsel for R1
ORDER
(Order of the Court was made by Mohammed Shaffiq J) This writ petition is filed challenging the order passed by the Hon'ble National Company Law Appellate Tribunal, Chennai in Company Appeal (AT)(CH)(Ins)No.481 of 2025 in I.A.No.1364 of 2025, dated 26.9.2025.
2. On perusal of the impugned order, it is evident that no substantive issue Page 2/5
has been adjudicated. The Tribunal has merely recorded the submissions of learned counsel, noting that the Liquidator has already received the remuneration to which he is entitled. It also finds that remuneration now claimed exceeds the limits prescribed under the applicable regulations governing remuneration to Liquidators. Furthermore, the order directs issuance of notice to the respondent herein and grants an interim stay pending further consideration.
3. Learned counsel for the petitioner submits that notice has already been served upon the respondents. At this stage, when it was pointed out by this Court that the Writ Petition is premature and is not inclined to entertain since statutory remedy is availed of by the petitioner before the Appellate Tribunal, counsel for the petitioner contended that, owing to the heavy pendency and backlog of matters before the Appellate Tribunal, there is likely to be delay in disposal.
4. This Court is of the view that it is always open to the petitioner to move an appropriate application before the Tribunal seeking expeditious hearing of the Page 3/5
matter. This Court does not intend to express any opinion on the merits of the case. 5.Accordingly, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.SUBRAMANIAM J.)(MOHAMMED SHAFFIQ J.) 19-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Sha Page 4/5
S.M.SUBRAMANIAM J.
and MOHAMMED SHAFFIQ J.
Sha To
1. The Registrar Of The National Company Law Appellate Tribunal-chennai Bench, Corporate Bhawan, II Floor, Beach Road, Mannady, George Town, Chennai-600 001.
2.UCO Bank Ltd Rep By Its Mr.Sanjeev Das -AGM, No.328, 2nd Floor, Thambu Chetty Street, Chennai-600 001.
3.Canara Bank Rep. By Sathya Hari - Chief Manager, ARM Branch Circle Office, 1st Floor, St.Marys Campus, East Veli Street, Madurai-625 001.
19-11-2025 Page 5/5