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M/s. Khoday India Ltd., Rep. by its Power of Attorney Holder Jaipal Reddy, Karnataka v/s Union of India, Through The Ministry of Corporate Affairs, New Delhi & Others


Company & Directors' Information:- U. P. POWER CORPORATION LIMITED [Active] CIN = U32201UP1999SGC024928

Company & Directors' Information:- KARNATAKA POWER CORPORATION LIMITED [Active] CIN = U85110KA1970SGC001919

Company & Directors' Information:- CORPORATE POWER LIMITED [Active] CIN = U27106WB2006PLC150110

Company & Directors' Information:- D B POWER LIMITED [Active] CIN = U40109MP2006PLC019008

Company & Directors' Information:- INDIA POWER CORPORATION LIMITED [Active] CIN = L40105WB1919PLC003263

Company & Directors' Information:- INDIA POWER CORPORATION LIMITED [Amalgamated] CIN = U40101WB2003PLC097340

Company & Directors' Information:- DELHI POWER COMPANY LIMITED [Active] CIN = U40103DL2001SGC111528

Company & Directors' Information:- B L A POWER PRIVATE LIMITED [Active] CIN = U40102MH2006PTC165430

Company & Directors' Information:- L V S POWER PRIVATE LIMITED [Active] CIN = U40100TG1996PTC023552

Company & Directors' Information:- S L S POWER CORPORATION LIMITED [Active] CIN = U40109AP2005PLC047008

Company & Directors' Information:- S L V POWER PRIVATE LIMITED [Active] CIN = U40102KA2002PTC030448

Company & Directors' Information:- KHODAY INDIA LIMITED [Active] CIN = L85110KA1965PLC001590

Company & Directors' Information:- S. E. POWER LIMITED [Active] CIN = L40106GJ2010PLC091880

Company & Directors' Information:- E O S POWER INDIA PRIVATE LIMITED [Active] CIN = U32109MH1985PTC037094

Company & Directors' Information:- POWER COMPANY OF KARNATAKA LIMITED [Active] CIN = U40101KA2007SGC043640

Company & Directors' Information:- D C POWER LIMITED [Strike Off] CIN = U40109TG1996PLC025996

Company & Directors' Information:- POWER CORPORATION OF INDIA LIMITED [Amalgamated] CIN = U50101WB1997PLC084060

Company & Directors' Information:- B V POWER PRIVATE LIMITED [Active] CIN = U40106DL2011PTC213428

Company & Directors' Information:- R AND H POWER COMPANY PRIVATE LIMITED [Active] CIN = U51109UP1965PTC003067

Company & Directors' Information:- B R POWER LTD [Active] CIN = U40106WB1995PLC073567

Company & Directors' Information:- N M S POWER PRIVATE LIMITED [Active] CIN = U51109WB1999PTC089747

Company & Directors' Information:- P R B POWER PRIVATE LIMITED [Strike Off] CIN = U40101TG1995PTC020647

Company & Directors' Information:- S V G POWER PRIVATE LIMITED [Active] CIN = U40300AP2012PTC084435

Company & Directors' Information:- CORPORATE INDIA PRIVATE LIMITED [Active] CIN = U74110DL1999PTC099505

Company & Directors' Information:- INDIA POWER PRIVATE LIMITED [Active] CIN = U31900DL1995PTC070096

Company & Directors' Information:- M POWER INDIA PRIVATE LIMITED [Active] CIN = U31908MH2012PTC234343

Company & Directors' Information:- A N S INDIA POWER PRIVATE LIMITED [Active] CIN = U51101DL2014PTC266873

Company & Directors' Information:- M M K POWER PRIVATE LIMITED [Strike Off] CIN = U40106AP1998PTC030796

Company & Directors' Information:- REDDY LIMITED [Active] CIN = U24232DL2012PLC236860

Company & Directors' Information:- C R E M POWER PRIVATE LIMITED [Strike Off] CIN = U40101DL2001PTC111631

Company & Directors' Information:- D T POWER PRIVATE LIMITED [Strike Off] CIN = U40300AP2015PTC097226

Company & Directors' Information:- O L G POWER P LTD [Active] CIN = U30007TN1991PTC020898

Company & Directors' Information:- G S POWER LIMITED [Strike Off] CIN = U40102KA2010PLC054033

Company & Directors' Information:- JAIPAL INDIA PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U31909MH1994PTC077713

Company & Directors' Information:- POWER AND POWER PVT LTD [Active] CIN = U31300AS1989PTC003282

Company & Directors' Information:- P D M POWER PRIVATE LIMITED [Active] CIN = U40104AS2014PTC011780

Company & Directors' Information:- S B S POWER PRIVATE LIMITED [Strike Off] CIN = U40100AP2012PTC083965

Company & Directors' Information:- B & G POWER LIMITED [Active] CIN = U40105PB2010PLC033765

Company & Directors' Information:- S POWER PRIVATE LIMITED [Active] CIN = U19202DL1986PTC026505

Company & Directors' Information:- G M POWER PRIVATE LIMITED [Strike Off] CIN = U40105PN2003PTC017857

Company & Directors' Information:- POWER INDIA PVT LTD [Strike Off] CIN = U31102WB1983PTC036315

Company & Directors' Information:- S AND S POWER PRIVATE LIMITED [Active] CIN = U40109PY2004PTC001824

Company & Directors' Information:- U S POWER PRIVATE LIMITED [Under Process of Striking Off] CIN = U40103MH2009PTC189364

Company & Directors' Information:- K P M POWER PRIVATE LIMITED [Strike Off] CIN = U40102KA2008PTC046804

Company & Directors' Information:- POWER-X PRIVATE LIMITED [Strike Off] CIN = U99999DL1970PTC005331

Company & Directors' Information:- S K POWER INDIA PRIVATE LIMITED [Strike Off] CIN = U31101KA2006PTC039172

Company & Directors' Information:- R G D POWER PRIVATE LIMITED [Strike Off] CIN = U41000TG1996PTC023809

Company & Directors' Information:- M M R POWER PRIVATE LIMITED [Active] CIN = U31104DL2008PTC174079

Company & Directors' Information:- S J POWER PRIVATE LIMITED [Strike Off] CIN = U45207HR2012PTC045937

Company & Directors' Information:- T C POWER PRIVATE LIMITED [Strike Off] CIN = U40101PB2009PTC033405

Company & Directors' Information:- H. & T. POWER PRIVATE LIMITED [Active] CIN = U40106MH2016PTC287646

Company & Directors' Information:- S & O POWER PRIVATE LIMITED [Active] CIN = U40107MH2010PTC206447

Company & Directors' Information:- V D M-POWER PRIVATE LIMITED [Active] CIN = U74999MH2015PTC262999

Company & Directors' Information:- A C R POWER PRIVATE LIMITED [Strike Off] CIN = U74900UP2010PTC040987

Company & Directors' Information:- W N POWER PRIVATE LIMITED [Strike Off] CIN = U40101JK2013PTC004009

Company & Directors' Information:- C K S POWER PRIVATE LIMITED [Strike Off] CIN = U40101KA2010PTC052199

Company & Directors' Information:- G C I POWER PRIVATE LIMITED [Active] CIN = U40107KA2010PTC053656

Company & Directors' Information:- R. C. POWER PRIVATE LIMITED [Strike Off] CIN = U40100GJ2009PTC058005

Company & Directors' Information:- J R J POWER PRIVATE LIMITED [Active] CIN = U40300GJ2015PTC082396

Company & Directors' Information:- D S REDDY & CO PVT LTD [Strike Off] CIN = U51102TN1952PTC000600

Company & Directors' Information:- D V N POWER PRIVATE LIMITED [Strike Off] CIN = U40101TG2007PTC053069

Company & Directors' Information:- A. R. POWER PRIVATE LIMITED [Strike Off] CIN = U74999DL2007PTC161616

    W.P. No. 16764 of 2021 & W.M.P. Nos. 17728 & 17732 of 2021

    Decided On, 11 August 2021

    At, High Court of Judicature at Madras

    By, THE HONOURABLE CHIEF JUSTICE MR. SANJIB BANERJEE & THE HONOURABLE MR. JUSTICE P.D. AUDIKESAVALU

    For the Petitioner: A.G. Sathyanarayana, Advocate. For the Respondents: --------



Judgment Text

(Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records of the Common order dated 20.01.2020 passed by the 2nd Respondent in MA/780/2019 and MA/1250/2019 in CP/280/IB/2018 and quash the same and forbear the respondents from in any manner concluding the Corporate Insolvency Resolution Process of the 4th Respondent without considering the claim of the petitioner.)Sanjib Banerjee, CJ.1. The petitioner complains that the debt due to the petitioner from the corporate debtor was not taken into consideration while preparing the resolution plan.2. The petitioner refers to a chart apparently prepared by the resolution professional on January 20, 2020 indicating the claims received from operational creditors. The chart has several columns including a column indicating the amounts claimed by the operational creditors and a further column showing the amounts admitted. A further column shows the amounts under verification. The petitioner’s name figures against Serial No.102 in the list and the amount claimed is shown to be in excess of Rs.41 crore. However, there is a special note pertaining to the petitioner’s claim which speaks of the claim being under litigation and, as such, the resolution professional not being able to determine the quantum due. The relevant note provides that “When the amount gets determined contingency provisions will be used to such determined dues”. There is a further note pertaining to claims sought to be under verification, to the effect that wherever details had not been provided by the claimants, the claims could not be determined.3. The corporate debtor in this case was one Empee Distilleries Limited. In previous proceedings instituted before this court, the resolution plan as approved by the National Company Law Tribunal was challenged; but the challenge was repelled and an appeal carried from the relevant order of this court has culminated in the Supreme Court not interfering with the order.4. In accordance with the provisions of the Insolvency and Bankruptcy Code, 2016, claims are invited by the resolution professional and it is for the claimants, particularly the operational creditors, to pursue their claims before the resolution professional or, at any rate, before the NCLT, in course of the corporate insolvency resolution process.5. Orders of the NCLT are amenable to appeal before the appellate tribunal. It does not appear that the present petitioner took any interest in the matter or pursued its claim at the appropriate stage. It is evident that the petitioner has not preferred any appeal within the time permitted. It would not do for the petitioner to merely suggest that since the time to prefer an appeal against the order approving the resolution plan has passed, the Writ Court will reopen the matter to enter into an arena of disputed facts pertaining to a money claim for the purpose of assessing the same.6. The remedy of the petitioner may lie elsewhere; and even if the remedy may not be available, the petitioner has only itself to blame for not pursuing its claim with due diligence at the appropriate stage. The Writ Court will, ordinarily, not come to the assistance

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of a laggard or a person who sleeps over his rights.7. For the reasons aforesaid, W.P.No.16764 of 2021 is not entertained and is dismissed. The petitioner is left free to pursue whatever other remedy that may be available to the petitioner in accordance with law. There will be no order as to costs. Consequently, W.M.P.Nos.17728 and 17732 of 2021 are closed.
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