Mr. Tulla Vinayender vs. Registrar Of Companies And Another
Held
The petitioner, instead of pressing the writ petition, sought permission to withdraw it. They reserved their right to approach the National Company Law Appellate Tribunal (NCLAT) to seek a recall of the impugned NCLT order. The Court, without making any observations on the maintainability or merits of any future application the petitioner might file before the NCLAT, disposed of the present writ petition as not pressed. Consequently, any pending applications associated with the writ petition were also disposed of.
Facts
The petitioner, Mr. Tulla Vinayender, representing Medmaxx Healthcare LLP, filed a writ petition before the Telangana High Court. The petition challenged an order dated 31.10.2019 passed by the National Company Law Tribunal (NCLT), Hyderabad Bench. The NCLT order was in relation to an application filed by the petitioner seeking restoration of the LLP's name in the Register of Limited Liability Partnerships maintained by the Registrar of Companies, Hyderabad. The petitioner sought to declare the NCLT order illegal, arbitrary, and without jurisdiction, and also sought to set aside a notice dated 08.08.2018 uploaded on the website of the Ministry of Corporate Affairs. The ultimate prayer was for a mandamus directing the respondents to restore the name of Medmaxx Healthcare LLP in the Register of LLPs.
Key Issues
1. Whether the National Company Law Tribunal (NCLT) had the jurisdiction to entertain the petitioner's application for restoration of the LLP's name in the Register of LLPs. Petitioner's Contention: The petitioner argued that the NCLT was not vested with the jurisdiction to grant the relief sought in their application. Respondents' Contention: The judgment does not record any specific contentions made by the respondents regarding the jurisdiction of the NCLT or the merits of the case. The Assistant Solicitor General appeared for the respondents.
AI-generated summary — verify with the full judgment below
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD . (Special Original Jurisdiction) THURSDAY,THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY ONE--' PRESENT THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI ANO THE HON'BLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 23609 oF 2020 Between: l\,4r, Tulla Vinayender, S/o Tu,a ?:u"lg"I Goud, Aged about 39 years, Occ. Doctor, Designated partner of Medmaxx t-Jear*r carei-Lp'H[. n.no.a-2-503, prot No. 172 !ffilX Iranian Consulare, Road r.ro.z,- e.njr-i. 'r-rils, Hyaeraoad, Teransana I AND 1 ,.PETITIONER Registrar of Companies, Hyderabad for the State of Telangana, Corporate Bhavan, 2nd Ftoor, GSt post, Tattiannaram e;;;;ig';, Hyderabad, Terangana - 500068. 2' The Secretary, Union of rndia, Ministry of corporate Affairs, Shastri Bhawan, Dr.
Rajendra Prasad Road, New Delhi _ i 10001. ...RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue any appropriate writ, order or direction under Article 226 of the constitution of lndia, more particularly one in the nature of writ of certiorari, declaring order daied 31110120'1
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