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Judgment
O R D E R
It is found from the record that this Tribunal vide its order dated 19.09.2022 directed the Resolution Professional take notice to TSIIC within a week, through registered post acknowledgment due and further ordered that counter if any by TSIIC shall be filed by next hearing date and posted the matter to 28.10.2022. However, the Resolution Professional has not filed any record of proof of service of notice to TSIIC.
The plot in dispute has been allotted to the corporate debtor by APIIC. However, after bifurcation of state of AP and after formation of Telangana State, it appears that the subject plot was under the jurisdiction of TSIIC. However, TSIIC is not made party to the Application, instead APIIC (Telangana Division) has been made party to this Application. The APIIC (Telangana Division) in its counter
stated that “Greesha Laboratories Private Limited pertains to Telangana region(TSIIC Ltd.,). Accordingly, this respondent (APIIC) do not have the details of the amounts to be received as all the assets and liabilities pertaining to the zones located in Telangana are appointed to TSIIC Ltd., on location basis as on the date of bifurcation i.e. 01.06.2014. Hence prayed to dismiss the Application against the Respondent No.6 and implead TSIIC Limited as necessary respondent to the Company Application”.
Therefore, TSIIC is necessary and proper party for adjudication of the Application. Since TSIIC is not made party to this Application, this Application is liable to be rejected as not maintainable. Hence, the same is hereby rejected. However giving liberty to the Applicant to file proper Application by impleading TSIIC.