NATHELLASAMPATH JEWELLARY Vs. HEMANT MEHTA

JUDGEMENT

(1.) The above Criminal Revision Petition has been filed against the order, dtd. 28/6/2018 in Crl.M.P.No.5079 of 2018 passed by the learned Metropolitan Magistrate (Fast Track Court II), Egmore at Allikulam, Chennai, rejecting the petition filed in Crl.M.P.No.5079 of 2018 by the accused/petitioners herein, praying to permit the Authorized Interim Resolution Professional, Mr.Ram Ratan Kanoongo to represent for and behalf of first petitioner company in all further proceedings in C.C.No.1476 of 2018.

(2.) According to the petitioners/accused, the company approached the National Company Law Tribunal (in short, 'the Tribunal'), Chennai by filing a petition as Corporate Debtor under Rule 7 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 to initiate Corporate ISRP. The Tribunal delivered its order on 23/4/2018 on the Corporate Debtor Application. While passing the order, subsequently on 21/6/2018, the Tribunal appointed one Shri Ram Ratan Kanoongo as Interim Resolution Professional (in short, 'IRP'). On the appointment of IRP, the Directors of the first petitioner company ceased to have any control over the same. Therefore, in the pending proceedings before the Metropolitan Magistrate Court, a petition was filed on behalf of the petitioner company to permit the IRP to represent for and on behalf of first petitioner company. The trial Court, after adverting to the petition, has dismissed the same. Against the same, the present revision has been filed.

(3.) According to the trial Court, the accused cannot represent through the representative in the proceedings initiated under Sec. 138 of Negotiable Instruments Act (in short, 'N.I.Act') and the order passed by the Tribunal is not relevant and will not bind the proceedings.