The Additional Director General vs. Shri Raj Kumar Ralhan
Held
The Court granted the prayer of the learned counsel for the petitioner to withdraw the present petition. The petitioner reserved the right of his client to approach the appellate authority under the Insolvency and Bankruptcy Code, 2016, against the impugned order dated 03.10.2019 passed by the National Company Law Tribunal (NCLT), Hyderabad Bench. The Court accordingly disposed of the petition as not pressed, along with any pending applications. The specific legal reasoning for the NCLT order being illegal or unjust was not adjudicated upon by the High Court as the petition was withdrawn. No issue was expressly left undecided, as the matter was disposed of on the petitioner's request.
Facts
The petitioner, the Additional Director General, Directorate General of GST Intelligence, Hyderabad Zonal Unit, filed a writ petition before the Telangana High Court. The petition challenged an order dated 03.10.2019 passed by the National Company Law Tribunal (NCLT), Hyderabad Bench, in I.A. No. 488 of 2019 in C.P. (IB) No. 43/07/HDB/2018. The NCLT order was related to insolvency proceedings concerning Leo Meridian Infrastructure Projects and Hotels Ltd. The petitioner sought to suspend the operation of the impugned NCLT order and to set it aside, alleging it was illegal, unjust, and contrary to law. The respondents included the Resolution Professional for Leo Meridian Infrastructure Projects and Hotels Ltd., other related entities, and various banks.
Key Issues
1. Whether the impugned order dated 03.10.2019 passed by the National Company Law Tribunal (NCLT), Hyderabad Bench, in I.A. No. 488 of 2019 in C.P. (IB) No. 43/07/HDB/2018 is illegal, unjust, and contrary to law, warranting interference by this Court under Article 226 of the Constitution of India? Petitioner's Contention: The petitioner argued that the NCLT order was illegal, unjust, and contrary to law, and sought its setting aside. No specific provisions of the GST Act or other laws were explicitly mentioned in the context of the petitioner's argument for setting aside the order, beyond the general assertion of illegality. Revenue/State's Contention: No arguments were recorded on behalf of the revenue or the State in the provided judgment excerpt. The respondents listed were primarily related to the insolvency proceedings.
AI-generated summary — verify with the full judgment below
HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY ONE PRESENT THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI AND THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY Between: The Additional Director Hyderabad Zonal Unit, Hyderabad - 500 016 General, Directorate General of D. No. 1-1 1-22214, Opp. HDFC GST Ban k, lntelligence Begumpet ...PETITIONER AND 1 Shri Raj Kumar Ralhan, The Resolution Professional For Leo lVleridian lnfrastructure Projects and Hotels Ltd. lP Registration No. lBBl/lPA-001/lP- P1O9B1 12017 -1 81 1 1 61 4 Pricewaterhouse Coppers Professjonal Services LLP 17th Floor, Building 10, Tower C DLF Cyber Ciiy, Gurgaon - 122 OO2 Itil/s AIoe Hotels and Resorts Pvt. Ltd., H.No.6-3-886, Behind Van Heusen Show Room Somajiguda Circle, Raj Bhavan Road Hyderabad - 500 082 The National Company Law Tribunal, Hyderabad Bench, (Through it's Registrar), Ground floor, Corporate Bha wan, Thirumala Residency Road, R. Krishnaiah Nagar, Bandlaguda, Nagole, Hyderabad, Telangana - 500 068 The Branch Manager, HDFC Bank, Begumpet Branch 1-10-60/3, Suryodaya Begumpet, Hyderabad - 500 016 The Branch Manager, Axis Bank, 6-3
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