High CourtsSingle Bench(2022) 08 OHC CK 0233

Gopichand H. Krishnani vs Ashish Kumar Jain And Others

Orissa High Court · Decided on 30 August 2022

HON’BLE JUDGES
Arindam Sinha, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 21569 Of 2022

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Judgment

6 paragraphs · 166 words

Arindam Sinha, J

1.

Mr. Sidhu, learned advocate appears on behalf of petitioner. He submits, his client is affected by order dated 27th July, 2022 passed by National Company Law Tribunal (NCLT) in CP(IB) (CPB) no.54 of 2019. He submits, persons in management and control of R.K. Jain Construction (India) Pvt. Ltd. defrauded his client. By moving the NCLT for appointment of resolution professional (RP) and direction for moratorium, thereby, those persons are trying to avoid detection of the fraud practiced. Hence, consequential prayers of investigation into affairs of opposite party nos.1 to 4, with appropriate direction on opposite party no.7 (Enforcement of Directorate).

2.

On query from Court Mr. Sidhu submits, his clients are actually prosecuting the writ petition for orders on prayers B to E. He, on instructions, gives up prayer A.

3.

Prayers B to E in the writ petition relate to the residuary assignment.

4.

The writ petition is released from the list to be placed before the Bench having assignment.

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