UNION CHRISTIAN COLLEGE Vs. K.C. EAPEN

JUDGEMENT

(1.) In C.P. No. 17/KOB/2020 filed by respondents 1 to 4 under Ss. 241 and 242 of the Companies Act, 2013, the National Company Law Tribunal passed Ext.P1 interim order on 22/6/2020 appointing an Interim Administrator to manage the petitioner-Company until further orders. The petitioner filed this writ petition invoking Article 226 of the Constitution of India seeking to quash the said Ext.P1 interim order and to declare that the National Company Law Tribunal (NCLT) has no jurisdiction to entertain Ext.P2 Company Petition.

(2.) The petitioner has a statutory remedy of appeal against Ext.P1 order under Sec. 421 of the Companies Act, 2013 and therefore a writ petition is not ordinarily maintainable. However, since the petitioner has raised an issue questioning the jurisdiction of the NCLT over the petitioner-Company, it has become necessary to decide on the jurisdiction as a preliminary issue and hence, this order.

(3.) Heard Senior Advocate Ramesh Babu assisted by Advocate Saji Varghese appearing for the petitioner-Company, Advocate Philip Mathew counsel for respondents 1 to 4, Senior Advocate George Cheriyan assisted by Advocate K.S. Santhi appearing for the 5th respondent, Advocate Roshan Alexander appearing for the 6th respondent, Advocate Jacob P. Alex counsel for the 8th respondent, Advocate P. Vijayakumar ASGI appearing for respondents 9 and 10, Senior Advocate Joseph Kodianthara assisted by Advocate G. Harikumar counsel for the 11th respondent and Advocate S. Easwaran appearing for additional respondents 14 and 15.