• NCLT Registry successfully tricked Corporate Debtor + IRP acting on unsigned order Urgent advice

Please click below for the current status of CP 4108 2018 being admitted without order uploaded online and an unsigned copy being served to us

https://docs.google.com/document/d/1JvRaQ2vMqSPglFUXPIxesjOlG84maA9eEvrxVz2LaOk/edit?usp=sharing

The major questions are as below

1. Can we file a writ at Mumbai HC to stay this execution and enquire into this whole business? If the answer is yes please suggest a good lawyer for this also.

2. Shall we lodge FIR against IRP for illegal execution?

3. What remedy victim has when he suffers from Judicial misconduct through tribunal ignoring its own order as well as registry doing action supporting this malafide intent.

4. Anything else you think right please suggest.
Asked 15 days ago in Property Law from Pimpri,PUNE, Maharashtra
Religion: Hindu

Why don't you challenge this in NCLAT and instead of filing a writ petition before Bombay high court argue the above mentioned before NCLAT? You must highlight these illegality and irregularity before NCLAT. 

Mayank Sapre
Advocate, New Delhi
238 Answers

5.0 on 5.0

ypu have to file appeal before appellate tribunal 

 

2) don’t file writ in HC

 

3) no need to lodge FIR against IRP 

Ajay Sethi
Advocate, Mumbai
68048 Answers
4107 Consultations

5.0 on 5.0

1. File it before NCLAT and not HC

2. No

3. You may go to appellate court and get a stay 

Anilesh Tewari
Advocate, New Delhi
17180 Answers
265 Consultations

5.0 on 5.0

Might possibility, order is signed but you have provided unsigned copy. This is wrong practise, can complian to chairman. 

And in actual order not signed than whole proceeding is void, appeal against admission of CP before NCLAT.

And you can protest against acquisition of management by IPR. Ask him to provide certified copy. Against force execution,  file FIR.

Complain to chief justice.

Yogendra Singh Rajawat
Advocate, Jaipur
13933 Answers
18 Consultations

4.6 on 5.0

1. You can file the W.P.. before the Mumbai High Court praying for a stay order on the execution till the W.P. is disposed of.

 

2. You can lodge a police complaint against the IRP for illegal execution.

 

3. The immediate remedy before the High Court through the W.P. is to undo the impugned order and execution with cost. No damage or compensation can be claimed i  W.P. 

 

4. Immediate action on your part should be to get the execution stayed and return the case to the NCLT again for reconsideration.

Krishna Kishore Ganguly
Advocate, Kolkata
22690 Answers
606 Consultations

5.0 on 5.0

- A Writ Petition is filed in the High Court or Supreme Court for enforcement of fundamental and statutory rights of a person.

- Whereas An Appeal is a petition in which a party challenges the order passed by a subordinate court before the higher court. 

- Hence, it is better option to file an Appeal before the Appellate tribunal againt the order of tribunal .

- Further, lodging an FIR againt IRP for illegal execution no maintainable. 

- Firstly take a proper certified copy of the said order , and further file your Appeal, with the application for staying the execution proceeding . 

Mohammed Shahzad
Advocate, Delhi
766 Answers
18 Consultations

5.0 on 5.0

it is betterto file an Appeal before Tribunal not in HC. 

FIR is not maintainable. 

Mohammed Mujeeb
Advocate, Hyderabad
10972 Answers
4 Consultations

4.5 on 5.0

You can approach NCLAT against the order of NCLT.

No you cannot lodge FIR against IRP 

Remedy which is available with you is to file appeal in NCLAT.

Mohit Kapoor
Advocate, Rohtak
4213 Answers
1 Consultation

5.0 on 5.0

No need to file any writ

Just write to IRP to wait for the order being uploaded on nclt website

You can refuse to handover custody till that is done 

Nowadays the Bombay HC is very strict against persons who file frivolous petitions and impose exemplary costs on them

Yusuf Rampurawala
Advocate, Mumbai
4578 Answers
28 Consultations

5.0 on 5.0

It is not obstruction of justice to insist on certified copy of order passed by NCLT 

 

file appeal against impugned order before NCLAT 

Ajay Sethi
Advocate, Mumbai
68048 Answers
4107 Consultations

5.0 on 5.0

write a letter to IRP stating that the order which he is relying on is neither signed nor digitally signed

request him to write to you for handover of custody with the properly signed order

If you do not handover the management of company to IRP for the above reason, then let the IRP move NCLT and seek necessary directions

but your letter stating aforesaid [about order not signed] has to go on record

Yusuf Rampurawala
Advocate, Mumbai
4578 Answers
28 Consultations

5.0 on 5.0

If order is forged, registrar will land in jail. Complain to chairmen, IPR will also suspend, bound on him/her to verify orders of NCLT, if your are confirm, approach HC.

Deny IPR straight, copy of order is not valid. You can refuse to comply directions of IPR. File writ before HC.

Yogendra Singh Rajawat
Advocate, Jaipur
13933 Answers
18 Consultations

4.6 on 5.0

You can share and state that it was inadvertently done by the executive if you surrender the same

Prashant Nayak
Advocate, Mumbai
13722 Answers
23 Consultations

4.6 on 5.0

You should just delay the proceedings of IRP by hook or by crook to get some time till 13 and then go for appeal against the order of NCLT.

Mohit Kapoor
Advocate, Rohtak
4213 Answers
1 Consultation

5.0 on 5.0

1. Police complaint can be registered against the Registrar in his personal name.

 

2. Approach the vacation bench of the High Court seeking relief.

Krishna Kishore Ganguly
Advocate, Kolkata
22690 Answers
606 Consultations

5.0 on 5.0

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