IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MAY, 2024 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 10433 OF 2024 (GM-RES)
BETWEEN:
1. M/S ALLIANCE BUSINESS SCHOOL, (A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE INDIAN COMPANIES ACT 1956), A SECTION 25 COMPANY (SECTION 8 UNDER THE ACT OF 2013), SPONSORING BODY OF ALLIANCE UNIVERSITY, BANGALORE, HAVING ITS REGISTERED OFFICE AT NO 2 AND 3, 2ND CROSS, 36TH MAIN, 2ND CROSS, DOLLARS SCHEME BTM I STAGE, BANGALORE 560 068.
REPRESENTED BY ITS DIRECTOR.
2. M/S ALLIANCE UNIVERSITY CHIKKAHEGADE CROSS, ANEKAL TALUK, ANEKAL, BANGALORE RURAL, Digitally signed by BANGALORE RURAL DISTRICT 562106 VANDANA S REPRESENTED BY ITS REGISTRAR.
Location: …PETITIONERS HIGH COURT (BY SRI. B.V. ACHARYA, SENIOR COUNSEL, OF SRI. JAYAKUMAR.S.PATIL., SENIOR COUNSEL KARNATAKA SRI. B.L. ACHARYA, SENIOR COUNSEL SRI. M.S. SHYAM SUNDAR, SENIOR COUNSEL FOR SMT. VANDANA.P.L., ADVOCATE)
AND:
1. MR. MADHUKAR G ANGUR, AGED ABOUT 62 YEARS, NO 1128, 21ST A CROSS, 14TH MAIN, HSR 3RD SECTOR, HSR LAYOUT, BDA COMPLEX, BANGALORE 560 012.
2. THE REGISTRAR NATIONAL COMPANY LAW TRIBUNAL, RAHEJA TOWERS, 12TH FLOOR, M G ROAD, BANGALORE 5600 01. …RESPONDENTS (BY SMT. MEENAKSHI ARORA, SENIOR COUNSEL FOR SRI. SRIVASTHAVA.., H.K. ADVOCATE FOR R-2 )
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 29/02/2024 PENDING ON THE FILE OF THE NCLT-BANGALORE BENCH INSTITUTED BY THE R1 ARE ILLEGAL UNDER LAW AND THE NCLTS JURISDICTION IS LIABLE TO BE OUSTED ON THE COUNT OF CORUM- NON-JUDICE UNDER THE PECULIAR FACTS AND CIRCUMSTANCES OF THE MATTER AND IN THE TEETH OF MATTERS PENDING FOR ADJUDICATION BEFORE THE CITY CIVIL COURT OF BANGALORE IN OS NO. 5148/2017 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, petitioners seek quashing of the impugned order dated 29.02.2024 passed by the National Company Law Tribunal, Bengaluru ('the NCLT' for short) and for other reliefs. 2. Heard learned Senior Counsel on both sides and perused the material on record.
3. A perusal of the material on record would indicate that in the C.A.No.8/2022 filed by respondent No.1, the petitioners herein have been arrayed as respondents No.10 and 20 respectively and they are contesting the said proceedings.
In the said proceedings in C.A.No.8/2022, the NCLT passed an interim order dated 25.05.2022 to the following effect:
"1. Heard Ms. Ashima Mandala with Shri P. Syed Ahmad, learned Counsels for the Applicant, Shri M.S. Shyam Sundar with Ms. Vandana B.L., learned Counsels for the Respondent Nos. 1, 3, 17, 20 and 21, Shri Cyril Prasad Pais, learned Counsel for the Respondent No.10, Shri Rohan Hosmath, learned Counsel for Respondent No.5 & 8 and Shri Prasanna, learned Counsel for the Respondent Nos. 4, 6 & 12.
2. In spite of availing substantial time, none of the Respondents filed any reply till date. All the Counsels seek further time to file replies. All the Respondents are permitted to file their respective replies within two weeks from today. The Petitioner shall file rejoinder, if any, thereto within one week from the date of receipt of copy of the replies.
3. If any of the parties fail to complete their part of pleadings, their respective right stand forfeited and the C.A. will be decided based on the record available on the next date of hearing.
4. In the circumstances, the Respondent No.10 and 20 shall maintain status quo with regard to the SRN 6 DIR-12 till the next date of hearing. Further, the Respondent No.10 and 20 are directed to produce the minutes books in a sealed cover before this Tribunal within two weeks from today.
5. List the C.A. on 10.06.2022."
4. Subsequently, the petitioners herein entered appearance and contested the proceedings and put-forth various contentions including preliminary objections by opposing the very maintainability of the said proceedings initiated by respondent No.1. The petitioners also sought for vacation of the aforesaid interim order dated 25.05.2022 passed by the NCLT. Meanwhile, the other respondents in C.A.No.8/2022 approached this Court in W.P.No.1240/2022 and connected matters which was disposed of vide final order dated 10.06.2022, directing the NCLT to consider all rival contentions including the application for vacating stay, maintainability of the proceedings initiated by respondent No.1. The operative portion of the order dated 10.06.2022 passed in W.P.No.11240/2022 along with W.P.Nos.11242/2022 and
11243/2022 reads as under:
"Respondent No.1 shall file objections to Interlocutory application filed for vacating stay as well as to the preliminary objection of the petitioners with regard to the maintainability of the petition, on the next date of hearing and thereafter, the NCLT shall hear the application for vacating the interim order as well as the preliminary objection with regard to the maintainability of the petition and pass appropriate orders in accordance with law, taking note of the earlier orders of this Court as well as Civil Court between the parties, within four weeks from the next date of hearing.
With the above observations, petitions stand disposed of."
5. It is the grievance of the petitioners in the present petition that despite the aforesaid direction issued by this Court, the NCLT has not proceeded to dispose of the application for vacating interim order/stay passed by the NCLT dated 25.05.2022, which is being extended from time to time nor decided the issue / question regarding maintainability. In this context, it is pointed out that despite the petitioners specifically seeking vacation of the entire interim order dated 25.05.2022, under which several directions have been issued against the petitioners including production of Minutes of Meeting in a sealed cover, the NCL
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