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2024 Supreme(Online)(Kar) 46052
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2024 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.15153 OF 2024 (GM-RES)
BETWEEN:
MR M VAMAN KAMATH S/O B VASUDEVA KAMATH AGED ABOUT 65 YEARS, CHARTERED ACCOUNTANT PARTNER, KAMATH & KAMATH ASSOCIATES CHARTERED ACCOUNTANTS (FIRM REGISTRATION NO.001685S)
NO.14/4, III FLOOR, MANASA TOWERS, M G ROAD, MANGALORE – 575 003.
…PETITIONER (BY SRI. BRIJESH CHANDER GURU, ADVOCATE)
AND:
1. THE NATIONAL FINANCIAL REPORTING AUTHORITY
7-8TH FLOOR, HT HOUSE, 18-20, K G MARG NEW DELHI – 110 001 REP. BY SECRETARY Digitally signed by Vandana S 2. THE SECRETARY Location:
MINISTRY OF CORPORATE AFFAIRS HIGH GOVERNMENT OF INDIA COURT OF 5TH FLOOR, A-WING, SHASTRI BHAWAN KARNATAKA NEW DELHI – 110 001.
3. THE SECRETARY MINISTRY OF FINANCE GOVERNMENT OF INDIA
3RD FLOOR JEEVAN DEEP BUILDING SANSAD MARG, NEW DELHI – 110 001.
…RESPONDENTS (BY SMT. SADHANA DESAI, ADVOCATE FOR R1;
SMT. ANUPAMA HEGDE FOR R2 AND R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 29.09.2023 BEARING NO.NF.21/1/2022, AT ANNEXURE-B OF THE WRIT PETITION ISSUED BY THE R1 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, petitioner seeks the following reliefs:
“(a) Quash the impugned order dated 29.09.2023 bearing No.NF 21/1/2022 at Annexure B of the writ petition issued by the first respondent.
(b) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to take appropriate action in accordance with law.
(c) Issue such other writ, order or direction as this Hon’ble Court deems fit to grant in the interest of justice and equity.”
2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record.
3. Learned counsel for the petitioner submits that aggrieved by the impugned order at Annexure – B dated 29.09.2023, the petitioner approached this Court in W.P.No.25917/2023, which was disposed of relegating petitioner to file an appeal before the Appellate Tribunal. In pursuance of the same, the petitioner approached the National Company Law Appellate Tribunal, (NCLAT), Chennai, which issued Defects Sheet / Report dated 07.02.2024 refusing to accept the appeal and as such, the petitioner is before this Court by way of the present petition.
4. Per contra, learned counsel for respondent No.1 /
National Financial Reporting Authority (NFRA) invited my attention to its Statement of objections, in particular, Annexure – A enclosed to the statement of objections, in order to point out that the said Notification dated 13.03.2020 mandates that all appeals other than the appeals arising out of the orders passed by the National Company Law Tribunal (NCLT) having jurisdiction of Karnataka, Tamil Nadu, Kerala, Andhra Pradesh, Telangana, Lakshadweep and Puducherry, would necessarily have to be preferred before the NCLAT at Delhi and not before the NCLAT at Chennai, before whom the petitioner had filed the appeal. Learned counsel also invited my attention to Section 410 of the Companies Act, 2013, which specifically provides for appeals to be preferred before NCLAT against the orders passed by the NCLT. It is therefore submitted that the present petition is not maintainable before this Court and the same is liable to be dismissed.
5. A perusal of the material on record will clearly indicate that the petitioner has been bonafide prosecuting the case before this Court as well as the NCLAT, Chennai, before approaching this Court by way of the present petition. Under these circumstances, in the light of availability of equally efficacious and alternative remedy by way of an appeal before the NCLAT, Delhi, I deem it just and appropriate to dispose of this petition reserving liberty in favour of the petitioner to approach the NCLAT, Delhi, by preferring an appeal, in accordance with law. It is further directed that if the petitioner prefers such an appeal within a period of one month from today, the entire period from 29.09.2023 till today, shall stand excluded for the purpose of Section 14 of the Limitation Act.
6. Subject to the aforesaid liberty and directions, the petition stands disposed of.
