IA(IBC)/422/KOB/2023

IN

IA(IBC)/340/KOB/2023

IN

IBA/25/KOB/2020

(Under Rule 49(2) read with Rule 11 of the NCLT Rules, 2016 and Section 151 of the Civil Procedure

Code, 1908)

&

IA(IBC)/66/KOB/2024

IN

IA(IBC)/422/KOB/2023

IN

IA(IBC)/340/KOB/2023

(Under Rule 55 read with Rule 49(2) and Rule 11 of the NCLT Rules, 2016 and Section 60(5) of the

Insolvency and Bankruptcy Code, 2016)

In the matter of:

PLATINO CLASSIC MOTORS (INDIA)

PRIVATE LIMITED

IA(IBC)/422/KOB/2023

MEMO OF PARTIES:

MR. ASHIQUE PONNAMPARAMBATH,

Former Managing Director of Platino Classic

Motors India Private Limited.,

Ponnamparambath House, Konad Beach,

West Hill P.O., Kozhikode 673 005

… Applicant

–

-vs-

IA(IBC)/66/KOB/2024 in IA(IBC)/422/KOB/2023 In the matter of Platino Classic Motors (India) Private Limited REUBEN GEORGE JOSEPH, Liquidator, Platino Classic Motors India Private Limited., 37/2038, 1^st floor, Muttathil lane, Kadavanthara, cochin 682 020 … Respondent –

IA(IBC)/66/KOB/2024 MEMO OF PARTIES:

MR. ASHIQUE PONNAMPARAMBATH, Former Managing Director of Platino Classic Motors India Private Limited., Ponnamparambath House, Konad Beach, West Hill P.O., Kozhikode 673 005 … Applicant –

-vs-

REUBEN GEORGE JOSEPH, Liquidator, Platino Classic Motors India Private Limited., 37/2038, 1^st floor, muttathil lane, kadavanthara, cochin 682 020 … Respondent –

Order delivered on: 21.03.2024 Coram:

Hon’ble Member (Technical) Hon’ble Member (Judicial) Shri. Shyam Babu Gautam TMT. Justice T Krishna Valli IA(IBC)/66/KOB/2024 in IA(IBC)/422/KOB/2023 In the matter of Platino Classic Motors (India) Private Limited Appearances:

For the Applicant : Mr. Sherry Samuel Oommen, Advocate For the Respondent : Ms. Telma Raju, Advocate For the Liquidator : Mr. Reuben George Joseph

O R D E R

Per Coram

1. Since the matter in controversy in both the applications referred to above is the same arising out of the common questions of law and facts and since both the applications have been heard together as they are interconnected to each other, and reserved for orders on the same date, they are being decided and disposed of by this common order of this Hon’ble Tribunal.

2. The brief facts of all the applications are summarized under each of the followingIA h(eIaBdCs):/422/KOB/2023 in IA(IBC)/340/KOB/2023 in IBA/25/KOB/2020

3. The applicant submitted that the Respondent herein had filed an application bearing number IA(IBC)/340/KOB/2023 in IBA/25/KOB/2020 seeking certain reliefs including but not limited to the return of the car bearing registration number KL-11-BG-777 and chassis number WBA7G4760G358991 to the respondent.

IA(IBC)/66/KOB/2024 in IA(IBC)/422/KOB/2023 In the matter of Platino Classic Motors (India) Private Limited

4. The applicant submitted that this Hon’ble Tribunal on 11.09.2023 passed an ex-parte order against the applicant herein by inter-alia directing the Ld. Liquidator to take possession of the car bearing registration number KL- 11-BG-777 and chassis number WBA7G4760G358991, with the help of the Police authorities and was further directed to remit an amount of Rs.31,204/- to the Ld. Liquidator with immediate effect. A true copy of this order is annexed as Annexure-A1. The present I.A. is filed seeking to set aside Annexure-A1 ex-parte order having regard to Rules 49(2) and Rule 11 of the NCLT Rules, 2016 r/w Order 9, Rule 13, and Section 151 of the Civil Procedure Code, 1908.

5. It is submitted by the applicant that the non-appearance of his part/on the part of his counsel was unintentional for reasons beyond his control and without any malafides. The counsel, Adv. T. Jaleel, who is from Kozhikode was engaged by the Applicant but was unable to attend the hearing in person, owing to a serious bout of viral fever accompanied by severe bronchitis. The applicant states that his counsel would have been able to appear before this Hon’ble Tribunal to explain his predicament had the proceedings been held electronically. He was advised strict bed rest for three weeks, also owing to the prevalence of the Nipah virus in Kozhik