LAWS(BOM)-2020-1-169

KOTAK INVESTMENT ADVISORS LIMITED Vs. KRISHNA CHAMADIA

Decided On January 28, 2020
Kotak Investment Advisors Limited Appellant
V/S
Krishna Chamadia Respondents

JUDGEMENT

(1.) By this Writ Petition under Article 226 of the Constitution of India, the petitioner seeks the following relief :

(2.) The petitioner No.1 is Kotak Investment Advisors Limited, a company registered under the Companies Act, 1956, and the second petitioner is the Associate Director of the petitioner No.1. Both are functioning from the address mentioned in the cause title and stated to be the registered office of the petitioner No.1.

(3.) The first respondent is an Indian national. He is claiming to be Resolution Professional of Ricoh India Limited, whereas respondent Nos.2 and 3 are Indian nationals and members of Consortium Kalpraj Dharamshi and Rekha Jhunjhunwala whose Resolution Plan was approved by the National Company Law Tribunal ("NCLT" for short) by an order dated 28th November, 2019 in Miscellaneous Application No. 681 of 2019 in Company Petition No. 156 of 2018. Respondent No.4 is constituted under the Insolvency and Bankruptcy Code, 2016 ("IBC" for short). The fifth respondent before us is the Union of India through the Ministry of Corporate Affairs. It is in charge of and oversees the functioning of NCLT established under the Companies Act in 2013.