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MR SHYSON THOMAS v. MR. MADHUGIRI VENKATARAYAPPA SUDARSHAN

Karnataka High Court
Sep 10, 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10THDAY OF SEPTEMBER, 2020

BEFORE

THE HON'BLE MR.JUSTICE P. B. BAJANTHRI WRIT PETITION NO.9093/2020 (GM-RES)

BETWEEN:

MR. SHYSON THOMAS,

MANAGING DIRECTOR OF

AIR PEGASUS PRIVATE LIMITED

AGED ABOUT 58 YEARS,

S/O LATE SRI.P.C.JOSEPH, NO.637/1, MUNISWAMAPPA LAYOUT , HAL, 3RDSTAGE, BANGALORE-560017

... PETITIONER

(BY SRI.VIVEKANANDA.S, ADVOCATE FOR

SMT. GANGABAI.V., ADVOCATE)

AND:

1. MR.MADHUGIRI VENKATARAYAPPA SUDARSHAN,

RESOLUTION PROFESSIONAL OF

AIR PEGASUS PRIVATE LIMITED

NO.984/13, 8THMAIN,

GIRINAGAR II PHASE,

BENGALURU-560085

2. CANARA BANK

FINANCIAL CREDITOR,

SOLE MEMBER IN THE

COMMITTEE OF CREDITORS

OF AIR PEGASUS PRIVATE LIMITED

CIRCLE OFFICE

SPENCER TOWERS,

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NO.86, M.G.ROAD,

BANGALORE-560001

REPRESENTED BY ITS MANAGER

... RESPONDENTS

(BY SRI. HEMANTH RAO, ADVOCATE FOR

SRI. H.S.RUKKOJI RAO, ADVOCATE FOR R1 AND R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES

226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING

TO QUASH THE ORDER AT ANNEXURE-A DATED 24.06.2020 IN I.A.NO.198/2020 PASSED BY THE HONBLE

NCLT, BENGALURU AS AGAINST THIS PETITIONER AND

ETC.,

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING THROUGH VIDEO CONFERENCE THIS DAY, THE

COURT MADE THE FOLLOWING:

ORDER

In the instant petition, the petitioner has prayed for the following reliefs:-

"1. Pass a writ of certiorari or any other appropriate writ or order setting aside and quashing the order at 'Annexure A' dated 24.06.2020 in

I.A.No.198/2020 in CP(IB)

No:180/BB/2018 passed by the

Hon'ble NCLT, Bengaluru Bench, as against this petitioner.

2. Extend the Corporate Insolvency Resolution Period (CIRP) up to 330 days, excluding the period of

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lockdowns and permit the petitioner herein to submit his resolution plan for revival of M/s. Air Pegasus Private Limited, and

3. Pass such other or further reliefs as this Hon'ble Court deems fit, in the interest of justice and equity."

2. Undisputedly the petitioner has a statutory remedy under Section 61 of The Insolvency and Bankruptcy Code, 2016. Thus, the petitioner has rushed to this Court in presenting the present petition.

3. The learned counsel for the petitioner vehemently contended that as on the date of presentation of the present petition, Appellate Court was not functioning due to Covid-19. Such a contention is not forthcoming from the pleadings. In fact the petitioner has also not stated as to why he has not exhausted an alternative statutory remedy under Section 61 of The Insolvency and Bankruptcy Code,

2016.

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4. In view of these facts and circumstances, writ petition stands disposed of, since the petitioner has a statutory remedy of appeal. Accordingly, present petition is disposed of reserving liberty to the petitioner to approach Appellate Forum within a period of four weeks from today. He is also permitted to make necessary application for interim relief in accordance with law. Till consideration of petitioner's interim relief by the Appellate Forum, the respondents are hereby directed not to precipitate the matter pursuant to the order dated 24.06.2020 in I.A.No.198/2020 in CP(IB) No.180/BB/2018 passed by Hon'ble National Company Law Tribunal, Bengaluru Bench at (Annexure-'A'). Sd/-

JUDGE

KPS

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