IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION Nos. 12746-748/2019 (GM-RES) BETWEEN 1. M/S. UMIYA BUILDERS AND DEVELOPERS HAVING OFFICEAT NO.29/3, H.M.STRAFFORD, 2ND FLOOR, 7TH CROSS, BENGALURU-52 REP BY ITS SOLE PROPRIETOR, MR. ANIRUDDHA BHANUPRASAD MEHTA 2. MR ANIRUDDHA BHANUPRASAD MEHTA S/O MR. BHANUPRASAD MEHTA, AGED ABOUT 57 YEARS R/AT NO.3, INDIA HOUSE, 2ND FLOOR, FLAT NO.06, KEMPS CORNER, MUMBAI-400026 ALSO AT NO.29/3, H.M.STRAFFORD, 2ND FLOOR, 7TH CROSS, BENGALURU-560 052 3. MRS GAURI ANIRUDDHA MEHTA W/O MR ANIRUDDHA MEHTA AGED ABOUT 54 YEARS R/AT NO.03, INDIA HOUSE, 2ND FLOOR, FLAT NO.06, KEMPS CORNER, MUMBAI-400 026 ALSO AT NO.29/3, H.M.STRAFFORD, 2ND FLOOR, 7TH CROSS, BENGALURU-560 052 ... PETITIONERS (BY SRI. SAJAN POOVAYYA, SR. COUNSEL AND SRI. UDAY HOLLA, SR. COUNSEL A/W SRI. MOHANA. C, ADV. FOR SRI. M H HIDAYATHULLA, ADV.) AND 1. MR. JITENDRA VIRWANI S/O MOHAN DAS VIRWANI AGED ABOUT 52 YEARS R/AT NO.341, EMBASSY WOODS, 6/A, CUNNINGHAM ROAD, BENGALURU-560 052 2. MRO-TEK REALTY LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT MARUTHI COMPLEX, NO.6, NEW BEL ROAD, CHIKKAMARANAHALLI, BENGALURU-560094 REPRESENTED BY ITS CFO/DIRECTOR 3. MR.S. NARAYANAN S/O MR. SARANGAN, MAJOR IN AGE, NO.12, CIL LAYOUT, A BLOCK, SANJAY NAGAR, BENGALURU-560 094 4. MRS JAYASHREE NARAYANAN W/O MR. S. NARAYANAN MAJOR IN AGE, NO.12, CIL LAYOUT, A BLOCK, SANJAY NAGAR, BENGALURU-560 094 5. MR. MURARI NARAYANAN S/O MR. S. NARAYANAN MAJOR IN AGE, NO.12, CIL LAYOUT, A BLOCK, SANJAY NAGAR, BENGALURU-560 094 6. MS. HIMADRI NANDI S/O MR. GOUR MOHAN NANDI, MAJOR IN AGE, NO.389, 4TH MAIN,15TH CROSS, 2ND BLOCK, R.T.NAGAR, BENGALURU-560 032 7. MS. SHYAMALI NANDI W/O. MR. H NANDI MAJOR IN AGE, NO.389, 4TH MAIN,15TH CROSS, 2ND BLOCK, R.T.NAGAR, BENGALURU-560 032 8. MS. PRAKRITHY N D/O MR. H NANDI MAJOR IN AGE, NO.365, 5TH STREET, 1ST BLOCK, 1ST MAIN, R.T.NAGAR, BENGALURU-560 032 9. MR. SRIVATSA GANESH S/O MR. N.S.GANESH, MAJOR IN AGE, R/AT NO.275, AMS LAYOUT, CHIKKABETTAHALLI, VIDYARANYAPURA, BENGALURU-560 097 10. MR.N.K.RAJASEKARAN MAJOR IN AGE, R/AT NO.109/B, 4TH MAIN, NGEF LAYOUT, SANJAY NAGAR, BENGALURU-560 094 11. MR KRISHNAN RAJAMANI MAJOR IN AGE, R/AT 81-203, SRIRAM SHREYAS APT, TELECOM NAGAR, KOODIGEHALLI, BENGALURU-560 097 12. MR SUDHIR KUMAR HASIJA MAJOR IN AGE, R/AT NO.7, WELLINGTON STREET, RICHMOND TOWN, BENGALURU-560 025 13. MR MOHAN SUBRAMANIAN MAJOR IN AGE, R/AT EAST END D MAIN ROAD, 39TH CROSS, 9TH BLOCK, JAYANAGAR, BENGALURU-560 069 14. MR M VENKATACHALA SAMPATH KUMAR MAJOR IN AGE, R/AT NO.163/6, 1ST MAIN ROAD, OPP FORTIS HOSPITAL, SESHADRIPURAM, BENGALURU-560 020 15. MR SUDIPTO GUPTA MAJOR IN AGE, R/AT NO.D-1405, PURVA VENEZIA APARTMENTS, NEXT TO MOTHER DAIRY, MAJOR SANDEEP UNNIKRISHNAN ROAD, YELAHANKA NEW TOWN, BENGALURU-560 064 16. MR BARUN PANDEY MAJOR IN AGE, R/AT HOUSE NO.47/33., NEAR GANESHA TEMPLE, 2ND CROSS, VENKATESHWARA LAYOUT, SG PALYA BENGALURU-560 029 17. SERIOUS FRAUD INVESTIGATION OFFICE 2ND FLOOR, PARYAVARAN BHAWAN, CGO COMPLEX, LODHI ROAD, NEW DELHI-110 003 18. THE REGISTRAR OF COMPANIES-KARNATAKA 2ND FLOOR, KENDRIYA SADAN, KORAMANGALA, BENGALURU-560 034 19. M/S UMIYA BUILDERS AND DEVELOPERS PVT LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING OFFICE AT NO.29/3, H.M.STRAFFORD, 2ND FLOOR, 7TH CROSS, BENGALURU-560 052 ... RESPONDENTS (BY SRI. AJESH KUMAR S, ADV. FOR R1 SRI. H. N. NARENDRA DEV, ADV. FOR R3 TO R11, R15 & R16 R12-SD.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE NATIONAL COMPANY LAW TRIBUNAL, BENGALURU BENCH BENGALURU IN CP NO.486/BB/2018 TO HEAR, CONSIDER AND GIVE ITS FINDINGS ON THE PRELIMINARY OBJECTIONS RAISED BY THE PETITIONERS HEREIN IN THEIR APPLIATION FOR REJECTION OF COMPANY PETITION AS WELL AS THE PRELIMINARY OBJECTIONS RAISED BY THEM IN THEIR SATEMENT OF OBJECTIONS/ PLEADINGS ON THE MAINTAINABILITY OF THE COMPANY PETITION AND PASS APPROPRIATE SPEAKING ORDERS BEFORE DECIDING THE MAIN COMPANY PETITION ON MERITS IN DUE COMPLIANCE WITH THE DIRECTIONS ISSUED BY THIS HON'BLE COURT VIDE ITS FINAL ORDER DTD:15.2.2019 IN W.P.NO.8041/2019 AND 8111-8112/2019 [GM-RES] AS PER ANNEXURE-A THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. Sajan Poovayya, learned Senior Counsel and Sri. Uday Holla, learned Senior Counsel along with Sri. Mohana. C and Sri. M. H. Hidayathulla, learned counsel for petitioners.
Sri. Ajesh Kumar S, learned counsel for respondent No.1. Sri. H. N. Narendra Dev, learned counsel for respondents 3 to 11, 15 and 16.
2. The writ petitions are admitted for hearing.
With the consent of the parties, the matter is heard finally.
3. In these petitions under Articles 226 and 227 of the Constitution of India, the petitioners inter alia have prayed for the following relief:
“Issue writ in the nature of mandamus or any other writ directing the National Company Law Tribunal, Bengaluru Bench at Bengaluru in C.P.No.486/BB/2018 to hear, consider and give its findings on the preliminary objections raised by the petitioners herein in their application for rejection of company petition as well as the preliminary objections raised by them in their statement of objections/ pleadings on the maintainability of the company petition and pass appropriate speaking orders before deciding the main company petition on merits in due compliance with the directions issued by this Hon'ble Court vide its final order dtd:15.2.2019 in W.P.No.8041/2019 and 8111-8112/2019 [GM-RES] as per Annexure-A.”
4. When the matter was taken up today, learned counsel for the parties jointly submitted that these writ petitions be disposed of with a direction to the National Company Law Tribunal to decide the objections preferred by the petitioners with regard to the maintainability of the company petition on merits before proceedings further with the matter in accordance with the order dated 15.02.2019 passed by this Court in W.P.Nos.8041/2019 and 8111-8112/2019.
5. In view of the aforesaid submission and in the facts of the case, writ petitions are disposed of with a direction to the National Company Law Tribunal to decide the objections preferred by the petitioners to the Company Petition filed by the respondent before proceeding further to deal with the matter as directed by this court in its order dated 15.02.2019 passed in W.P.Nos.8041/2019 and 8111-8112/2019 by a speaking order within a period of six weeks from today. Any deviation from the direction contained in this order shall be viewed seriously by this Court.
Accordingly, the writ petitions are disposed of.
Sd/- JUDGE VP