IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE W.P.NO. 8041/2019 & W.P.NOS. 8111-8112/2019 (GM-RES) BETWEEN 1. M/S. UMIYA BUILDERS AND DEVELOPERS HAVING OFFICE AT 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.6, KEMPS CORNER, MUMBAI-400026 ALSO AT NO.29/3, H.M.STRAFFORD, 2ND FLOOR, 7TH CROSS, BENGALURU-52 3. MRS GAURI ANIRUDDHA MEHTA W/O MR ANIRUDDHA MEHTA AGED ABOUT 54 YEARS R/AT NO.3, INDIA HOUSE, 2ND FLOOR, FLAT NO.6, KEMPS CORNER, MUMBAI-400026 ALSO AT NO.29/3, H.M.STRAFFORD, 2ND FLOOR, 7TH CROSS, BENGALURU-52 ... PETITIONERS (BY SRI SAJAN POOVAYYA, SR. ADVOCATE A/W SRI MOHANA. C, 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-52 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-94 4. MRS JAYASHREE NARAYANAN W/O MR. S. NARAYANAN MAJOR IN AGE, NO.12, CIL LAYOUT, A BLOCK, SANJAY NAGAR, BENGALURU-94 5. MR. MURARI NARAYANAN S/O MR. S. NARAYANAN MAJOR IN AGE, NO.12, CIL LAYOUT, A BLOCK, SANJAY NAGAR, BENGALURU-94 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-32 7. MS SHYAMALI NANDI W/O MR. H NANDI MAJOR IN AGE, NO.389, 4TH MAIN, 15TH CROSS, 2ND BLOCK, R.T.NAGAR, BENGALURU-32 8. MS PRAKRITHY N D/O MR. H NANDI MAJOR IN AGE, NO.365, 5TH STREET, 1ST BLOCK, 1ST MAIN, R.T.NAGAR, BENGALURU-32 9. MR SRIVATSA GANESH S/O MR. N.S.GANESH, MAJOR IN AGE, R/AT NO.275, AMS LAYOUT, CHIKKABETTAHALLI, VIDYARANYAPURA, BENGALURU-97 10. MR.N.K.RAJASEKARAN MAJOR IN AGE, R/AT NO.109/B, 4TH MAIN, NGEF LAYOUT, SANJAY NAGAR, BENGALURU-94 11. MR KRISHNAN RAJAMANI MAJOR IN AGE, R/AT 81-203, SRIRAM SHREYAS APT, TELECOM NAGAR, KOODIGEHALLI, BENGALURU-97 12. MR SUDHIR KUMAR HASIJA MAJOR IN AGE, R/AT NO.7, WELLINGTON STREET, RICHMOND TOWN, BENGALURU-25 13. MR MOHAN SUBRAMANIAN MAJOR IN AGE, R/AT EAST END ‘D’ MAIN ROAD, 39TH CROSS, 9TH BLOCK, JAYANAGAR, BENGALURU-560069 14. MR M VENKATACHALA SAMPATH KUMAR MAJOR IN AGE, R/AT NO.163/6, 1ST MAIN ROAD, OPP FORTIS HOSPITAL, SESHADRIPURAM, BENGALURU-20 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-64 16. MR BARUN PANDEY MAJOR IN AGE, R/AT HOUSENO.47/33, NEAR GANESHA TEMPLE, 2ND CROSS, VENKATESHWARA LAYOUT, SG PALYA BENGALURU-29 17. SERIOUS FRAUD INVESTIGATION OFFICE 2ND FLOOR, PARYAVARAN BHAWAN, CGO COMPLEX, LODHI ROAD, NEW DELHI-110003 18. THE REGISTRAR OF COMPANIES-KARNATAKA 2ND FLOOR, KENDRIYA SADAN, KORAMANGALA, BENGALURU-34 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-52 ... RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE HON'BLE NATIONAL COMPANY LAW TRIBUNAL, BENGALURU BENCH IN CP NO.486/BB/2018 TO HEAR AND CONSIDER THE INTERLOCUTORY APPLICATIONS FILED BY THE PETITIONERS I.E., I.A.NO.360/18 DATED 05.11.2018 AS PER ANNEXUER-H, I.A.NO.18/19 DATED 09.01.2019 AS PER ANNEXURE-K AND ALSO THE PRELIMINARY OBJECTIONS RAISED IN THE PETITIONER'S PLEADINGS/STATEMENT OF OBJECTIONS DATED 29.10.2018 AS PER ANNEXURE-F ON THE MAINTAINABILITY OF THE COMPANY PETITION.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. Sajan Poovayya, learned Senior counsel along with Mr. Mohana. C., learned counsel for petitioners.
2. In these petitions under Article 227 of the Constitution of India, the petitioners inter alia have prayed for following relief:
“Issue a writ or direction in the nature of mandamus directing the Hon'ble National Company Law Tribunal, Bengaluru Bench in CP No.486/BB/2018 to hear and consider the Interlocutory Applications filed by the petitioners i.e., I.A.No.360/18 dated 05.11.2018 as per Annexuer-H, I.A.No.18/19 dated 09.01.2019 as per Annexure-k and also the preliminary objections raised in the petitioner's pleadings/statement of objections dated 29.10.2018 as per Annexure-f on the maintainability of the company petition and to pass appropriate orders in accordance with law in the interest of justice and equity.”
3. When the matter was taken up today, learned Senior counsel for the petitioners submitted that the petitioners have filed Interlocutory Applications, namely I.A.360/2018 as well as I.A.No. 18/2019 respectively on 05.11.2018 and 09.01.2019. The petitioners have also filed preliminary objections on 29.10.2018 with regard to maintainability of the company petition. Therefore, he requests this Court that these writ petitions be disposed of with a direction to the National Company Law Tribunal to consider and decide the applications submitted by the petitioners in accordance with law.
4. In view of the aforesaid submission and in the facts of the case, these writ petitions are disposed of with a direction to the National Company Law Tribunal to consider and decide the aforesaid applications submitted by the petitioners as well preliminary objections submitted by the petitioners in accordance with law after affording an opportunity of hearing to all necessary parties by passing a speaking order, within a period of two months from the date of receipt of a certified copy of this order.
Accordingly, these writ petitions are disposed of.
Sd/- JUDGE VP