IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY FRIDAY, THE 3^RD DAY OF MARCH 2023 / 12TH PHALGUNA, 1944 WP(C) NO. 6763 OF 2023 PETITIONER:

M/S.SREE BHADRA PARKS & RESORTS LTD., 27/480(1), MUSEUM ROAD, CHEMBUMUKKU, THRISSUR, REPRESENTED BY SRI. K.NARAYANAN NAMBOOTHIRIPPAD.

MANAGING DIRECTOR, PIN – 680 020.

BY ADVS. V.R.GOPU ADIL.M.H URMILA.M.G ANUSHKA PILLAI A.P.

RESPONDENTS:

1 NATIONAL COMPANY LAW TRIBUNAL, COMPANY LAW BHAVAN, BFC ROAD, THRIKKAKARA, KAKKANAD, KOCHI, REPRESENTED BY ASSISTANT REGISTRAR, PIN – 682 021.

2 MR.K.PARAMESWARAN NAIR, THE LIQUIDATOR, M/S.SREE BHADRA PARKS & RESORTS LTD., (UNDER CIRP) 37/1736E, KRIPASAGARAM, K.MURALI ROAD, KADAVANTHARA, ERNAKULAM, PIN – 682 020.

BY ADV. P.V.VINOD, R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

03.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

SHAJI P. CHALY, J.

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W.P.(C).No.6763 of 2023 -------------------------------------------------- Dated this the 3^rd day of March, 2023

JUDGMENT

This writ petition is filed by the petitioner seeking the following reliefs:

“(i) To declare that Ext.P-3 sale notice for e-auction is illegal and arbitrary.

(ii) To issue a writ in the nature of mandamus or any other appropriate writ or direction commanding the 2^nd respondent to issue a fresh sale notice for auction of assets of petitioner company.

(iii) To issue a direction commanding the 2nd respondent to grant 3 months time to petitioner company to settle the dispute involved by entering into a contract with a private party for purchasing the assets, in the interest of justice.

(iv) To dispense with filing of the translation of vernacular documents.”

2. In the writ petition it is stated that the subject issue in respect of the petitioner Company is under consideration before the National Company Law Tribunal. Petitioner is immediately aggrieved by Ext.P3 sale notice which was proposed to be held on 27.02.2023.

3. Learned counsel appearing for the liquidator — 2^nd respondent submitted that the sale did not take place. Matters being so, the learned counsel for the petitioner seeks permission to withdraw the writ petition to seek appropriate remedy before the National Company Law Tribunal.

4. Therefore, after having heard the learned counsel for the petitioner, Sri.V.R.Gopu, and the learned counsel for the 2^nd respondent, Sri.P.V.Vinod the writ petition is dismissed as withdrawn, leaving open the liberty of the petitioner to approach the National Company Law Tribunal. I make it clear that all the questions of facts and law raised in the writ petition are left open.

Sd/-

SHAJI P. CHALY, JUDGE ak APPENDIX OF WP(C) 6763/2023 PETITIONER’S EXHIBITS:-

Exhibit P1 A TRUE COPY OF THE ORDER IN IBA/13/KOB/2020 OF 1ST RESPONDENT DATED

30.3.2021.

Exhibit P2 A TRUE COPY OF THE ORDER IN CIVIL APPEAL NO.370/2022 ON THE FILE OF SUPREME COURT OF INDIA DATED 3.2.2023.

Exhibit P3 A TRUE COPY OF THE SALE NOTICE FOR E-

AUCTION PUBLISHED BY THE 2ND RESPONDENT DATED 23.1.2023.