IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.6984 OF 2019 (GM-DRT) BETWEEN:
M/S. IDEB PROJECTS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.9TH AND 10TH FLOOR #7, DELTA BLOCK SIGMA SOFT TECH PARK WHITEFIELD MAIN ROAD VARTHUR KODI BANGALORE-560 066 REPRESENTED BY ITS MANAGING DIRECTOR MR. H.S. BEDI. … PETITIONER (BY SRI AJESH KUMAR S., ADV.) AND:
ORIENTAL BANK OF COMMERCE RRL CLUSTER, NO.-92/95 HJS CHAMBERS RICHMOND ROAD BANGALORE-560 025 REPRESENTED BY ITS CHIEF MANAGER/ AUTHORISED OFFICER MR. D.M.DORA ALSO AT ORIENTAL BANK OF COMMERCE HARSHA BHAVAN E-BLOCK CONNAUGHT PLACE NEW DELHI-110 001 REPRESENTED BY ITS AUTHORISED OFFICER. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROCEEDINGS PENDING BEFORE NATIONAL COMPANY LAW TRIBUNAL AT BANGALORE AS PER ANNEXURE-J.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Ajesh Kumar S., learned counsel for the petitioner.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondent.
2. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia has prayed for the following reliefs:
“(i) Issue a Writ of Certiorari or any other appropriate writ, direction or order to quash the proceedings pending before National Company Law Tribunal at Bangalore in CP (IB) No.17/BB/2019 as per Annexure-J.
(ii) Or in the alternate the Hon’ble Court may be pleased to direct the National Company Law Tribunal, Bangalore to decide the maintainability of the Petition in NCLT; and (iii) Pass such other order/s as the Hon’ble Court may deem fit to grant under the circumstances of the case, in the interest of justice and equity”.
3. When the matter was taken up for consideration today, learned counsel for the petitioner submitted that the writ petition be disposed of with a direction to the National Company Law Tribunal to decide the objection preferred by the petitioner with regard to maintainability of the proceeding pending before it.
4. In view of the aforesaid submission and in the facts of the case, the writ petition is disposed of with a direction to the National Company Law Tribunal to consider and decide the objection preferred by the petitioner with regard to maintainability of the proceeding pending before it by a speaking order, after affording an opportunity of hearing to the parties and thereafter proceed further in the matter. It is made clear that this Court has not expressed any opinion with regard to merits of the case.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE ST