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IA(C/Act)/17/KOB/2021
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IN THE NATIONAL COMPANY LAW TRIBUNAL
KOCHI BENCH, KERALA
IA(C/Act)/17/KOB/2021
IN
TCP/34/KOB/2019
(Under Rule 11 of NCLT, 2016 read with Section 151 of the Code of Civil
Procedure)
Order delivered on 07-04-2022
Coram:
Hon’ble Mr. Ashok Kumar Borah, Member (Judicial)
Hon’ble Mr. Anil Kumar. B, Member (Technical)
C.K Sibi
S/o Krishnankutty
Chanjamattathil House, Flat No. 7D,
Vijaya Glimpses, Jawahar Nagar,
Kadavanthara, Kochi – 682 020.…Petitioner
VERSES
1. M/s Vijaya Hospitality and Resorts Limited
Represented by its Managing Director
3rd Floor, Door no. 53/361 F,
Chackalikkal Towers
Chettichira, Subash Chandra Bose Road, Vytilla,
Kochi – 682 019.
2. M/s. West Coast Homes Private Limited
Represented by its Managing Director
37/991, 1st Floor, Emmy Square, S.A Road,
Ernakulam – 682 020.
3. K.C Baboo
Chairman and Managing Director
Chanjamattathil House,
Piravom,
Ernakulam - 686 664.
4. SusmithaBaboo
Director
Chanjamattathil House,
Piravom
Ernakulam – 686 664.
IA(C/Act)/17/KOB/2021
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5. Saji Chacko Puthenpurayil
Director
SFS Kingdom, Flat 11-E,
Near Choice School, Thripunithura,
Ernakulam – 682 301.
6. C.K Vijayan
Director
Flat No. 6A, Vijaya Glimpses
Jawahar Nagar, Kadavanthra
Ernakulam – 682 020.
7. SairaThampi
Flat No. 7A, Vijaya Glimpses
Jawahar Nagar, Kadavanthra
Ernakulam – 682 020.
8. M.K Jayaprakash
Director
Mundappat House,
Panokkaran via Kanimangalam P.O,
Kanimangalam S.O
Thrissur – 680 027.
9. M.J Surajprakash
Director
Mundappat House,
Panokkaran via Kanimangalam P.O,
Kanimangalam S.O
Thrissur – 680 027.
10.M.J Sujith
Director
Mundappat House,
Panokkaran via Kanimangalam P.O,
Kanimangalam S.O
Thrissur – 680 027.
11.Peringulangara KittuRamanujam
Director
Peringulangara House,
Puthukkad P.O
Thrissur – 680 031.
12.V. Venugopalan
Director
12/378, Sreeragam,
G-10 Bhagavathi Avenue
Palakkad – 678 001.
13.V.P Jose
Director
VadukutVihar,
GuruvayoorPuthanpalli
IA(C/Act)/17/KOB/2021
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Thrissur – 680 103.
14.State Bank of India
Represented by its Chief Manager
Vytilla Branch, Vytilla
Ernakulam–682 019.…Respondents
Parties/Counsel Present (through video conference)
FOR APPLICANT … Renjith Rajappan, Sam M Thomas, Advocates
FOR RESPONDENTS… George G Poothicote, Smitha S, Susy George(R1&R2),
Mohan Jacob George (R3&R5),
L Rajesh Narayanan Iyer (R6&R7),
Zibi Jose PCS (R4&R8-R11), Vinod P V, Reetha D
(R14), Advocates. No appearance for R12 & R13.
ORDER
Per: Ashok Kumar Borah, Member (J)
1. This application has been filed by C. K Sibi, (Second Petitioner in TCP
34/KOB/2019) under Rule 11 of the National Company Law Tribunal
Rules 2016 against the respondents M/s Vijaya Hospitality and Resorts
Limited and others seeking the following reliefs:
i.
To declare that the borrowing made by the 1st respondent
company to the tune of Rs 2,61,23,000/- is illegal and hence
void.
ii. To stay the consideration of Special Business No.3 in the Notice
of 22nd Annual General Meeting of the 1st Respondent Company,
it being in violation of Annexure A1 order.
2. It is stated that this Tribunal passed an interim order on 19.06.2019
whereby the respondents were restrained from transferring the assets
of the company or leasing out the same to anybody during the
pendency of the above Company Petition and to maintain status quo
regarding the present pattern of shareholding in the 1st Respondent
Company until further orders.
3. The applicant stated that as per Section 58A of the Transfer of Property
Act, 1882 a mortgage is defined as the transfer of an interest in specific
immovable property for the purpose of securing the payment of money
advanced or to be advanced by way of loan, an existing or future debt,
IA(C/Act)/17/KOB
