V.S.PALANIVEL Vs. P.SRIRAM, CS, LIQUIDATOR
LAWS(SC)-2024-8-86
SUPREME COURT OF INDIA
Decided on August 28,2024

V.S.Palanivel Appellant
VERSUS
P.Sriram, Cs, Liquidator Respondents


Referred Judgements :-

PIONEER URBAN LAND AND INFRASTRUCTURE LIMITED AND ANOTHER V. UNION OF INDIA AND OTHERS [REFERRED TO]
GPR POWER SOLUTIONS PVT. LTD. V. SUPRIYO CHAUDHURI [REFERRED TO]
YASHOWANTA NARAYAN DIXIT V. ORIENT INSURANCE COMPANY LIMITED [REFERRED TO]
MANILAL MOHANLAL SHAH VS. SARDAR SAYED AHMED SAYED MAHMAD [REFERRED TO]
SHARIF UD DIN VS. ABDUL GANI LONE [REFERRED TO]
SARDARA SINGH VS. SARDARA SINGH DEAD [REFERRED TO]
RAO MAHMOOD AHMAD KHAN VS. RANBIR SINGH [REFERRED TO]
BALRAM VS. ILAM SINGH [REFERRED TO]
GANGABAI GOPALDAS MOHATA VS. FULCHAND [REFERRED TO]
KAILASH VS. NANHKU [REFERRED TO]
SHILPA SHARES AND SECURITIES VS. NATIONAL CO OPERATIVE BANK LTD [REFERRED TO]
VALJI KHIMJI ALIAS COMPANY VS. OFFICIAL LIQUIDATOR OF HINDUSTAN NITRO PRODUCT GUJARAT LTD [REFERRED TO]
C.N. PARAMSIVAN VS. SUNRISE PLAZA TR [REFERRED TO]
HIMADRI COKE & PETRO LTD. VS. SONEKO DEVELOPERS (P) LTD [REFERRED TO]
LALITA KUMARI VS. GOVT. OF U.P. [REFERRED TO]
M/S. SURENDRA TRADING COMPANY VS. M/S. JUGGILAL KAMLAPAT JUTE MILLS COMPANY LIMITED [REFERRED TO]
STATE OF BIHAR & ORS. VS. BIHAR RAJYA BHUMI VIKAS BANK SAMITI [REFERRED TO]
SWISS RIBBONS PVT LTD VS. UNION OF INDIA [REFERRED TO]
PIONEER URBAN LAND AND INFRASTRUCTURE LIMITED VS. UNION OF INDIA [REFERRED TO]
SAGUFA AHMED AND OTHERS VS. UPPER ASSAM PLYWOOD PRODUCTS PVT. LTD. [REFERRED TO]
K. KUMARA GUPTA VS. SRI MARKENDAYA AND SRI OMKARESWARA SWAMY TEMPLE [REFERRED TO]
VIDARBHA INDUSTRIES POWER LIMITED VS. AXIS BANK LIMITED [REFERRED TO]
CELIR LLP VS. BAFNA MOTORS (MUMBAI) PVT. LTD. [REFERRED TO]
UNION BANK OF INDIA VS. RAJAT INFRASTRUCTURE PVT. LTD [REFERRED TO]
BOMBAY MERCANTILE COOPERATIVE BANK LTD VS. U.P GUN HOUSE [REFERRED TO]
R.K.INDUSTRIES VS. H.R.COMMERCIALS PRIVATE LIMITED [REFERRED TO]


JUDGEMENT

HIMA KOHLI, J. - (1.)A. BACKDROP : The appellant - V.S. Palanivel (shareholder/former Managing Director of M/s Sri Lakshmi Hotel Private Limited) has filed the present appeals against the judgment and order dtd. 16/9/2022, passed by the National Company Law Appellate Tribunal, Chennai Bench [In short 'Tribunal'] in three Company Appeals [Company Appeal (AT) (CH) (Ins} No. 336 of 2021; Company Appeal (AT) (CH) (Ins) No. 339 of 2021 and Company Appeal (AT) (CH) (Ins) No. 343 of 2022] preferred by him. The details of the said Company Appeals are (i) Company Appeal No. 336 of 2021 (subject matter of Civil Appeal No. 9059 of 2022) filed against the common judgment dtd. 17/11/2021 passed by the National Company Law Tribunal, Chennai Bench [In short 'Adjudicating Authority'] rejecting an application [MA No. 120 of 2020] moved by the appellant praying inter alia that directions be issued to the Liquidator, Sri Lakshmi Hotel Private Limited to stall all proceedings in respect of the e-auction conducted by him on 23/12/2019, to work on an alternative manner of dividing the property put to auction and sell only a part of the land and for grant of sufficient time to make payment to the financial creditor. (ii) Company Appeal No. 339 of 2021 (subject matter of Civil Appeal No. 9060 of 2022) arose from the common order dtd. 17/11/2021 passed by the Adjudicating Authority on an Interim Application [IA SR No. 944 of 2020 on 25/9/2020] seeking recall of its order dtd. 5/5/2020 passed on an application [IA 335 of 2020 in MA/689/2019 in CP/1140/IB/2018] filed by the appellant. (iii) Company Appeal No. 343 of 2021 (subject matter of Civil Appeal No. 9061 of 2022) filed by the appellant on 27/10/2021 under Sec. 61 of the Insolvency and Bankruptcy Code, 2016 [In short 'IBC'] against order dtd. 5/5/2020 passed by the Adjudicating Authority allowing an application moved by the successful bidder, M/s KMC Speciality Hospitals (India) Limited [In short 'Auction Purchaser'] for extension of time to deposit the balance sale consideration after the Central/State lockdown was lifted. All the aforesaid appeals were dismissed by the Tribunal under the impugned judgment and order dtd. 16/9/2022.
(2.)It may be noted at the outset that Civil Appeal No. 9059 of 2022 does not survive inasmuch as the auction proceedings have already been concluded and upon the Auction Purchaser depositing the sale amount, the Liquidator has executed a Sale Deed in its favour. Therefore, the scope of the present judgment is confined to Civil Appeals No. 9060 and 9061 of 2022.
B. SEQUENCE OF EVENTS

(3.)The facts of the case lie in a narrow compass. Sri Lakshmi Hotels Private Limited [In short 'company/Corporate Debtor'], a family held concern having four shareholders namely, the appellant herein, his wife, his son and his daughter-in-law purchased an immovable property [situated at Old No. 3A, New No. 27, Alexandria Road, Cantonment, Tiruchirappalli-620001] at Tiruchirappalli measuring 67,533 sq. ft. The company started running a hotel and a bar from the said premises. In the year 2006, the company took a loan from a financial creditor to the tune of Rs.1,57,25,000.00 (Rupees One crore fifty seven lakh twenty five thousand only). When disputes arose between the company and the financial creditor, the latter invoked the arbitration clause governing the parties. The Arbitral Tribunal passed an award on 27/12/2014, for a sum of Rs.2,21,08,244.00 (Rupees Two crore twenty one lakh eight thousand two hundred and forty four only) in favour of the financial creditor along with interest at the rate of 24 % per annum from the date of claim petition till the date of realisation. The company challenged the said award11 under Sec. 34 of the Arbitration and Conciliation Act, 1996, but the said petition was dismissed by the High Court of Madras vide order dtd. 16/11/2017 [Original Petition No.137 of 2015].


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