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.
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 4 years ago in Property Law
Religion: Hindu
15 Answers
ypu have to file appeal before appellate tribunal
2) don’t file writ in HC
3) no need to lodge FIR against IRP
1. File it before NCLAT and not HC
2. No
3. You may go to appellate court and get a stay
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.
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.
- 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 .
it is betterto file an Appeal before Tribunal not in HC.
FIR is not maintainable.
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.
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
Thanks, everyone for your valuable response. Here is additional food for thought to all of you. Although the Admission order is not uploaded to the website yet, the same has been emailed to us. [deleted] emailed us. IRP also emailed us the same order dated 23.09.2019. Both copies are unsigned as well as not digitally signed. Right now the shocking thing for all of you is that we have got a credible and irrefutable evidence that this order was not drafted on computers in NCLT official premises, as well as This order, was not created at standard NCLT operational timing i.e. 10.30 AM onwards on 23.03.2019 that is what PDF cause list says on that day. In short, we have got evidence that this order was drafted outside official NCLT working hours (before 10 AM) and on a “Lenovo” Laptop by some unknown person. If proven this amounts to Judicial misconduct/corruption/connivance by NCLT Mumbai registrar. But we are at loss at what do we do with this information? Our MD thinks since NCLT registrar is a Govt servant no FIR can be lodged against him. IRP is insistent and telling us to cooperate with an unsigned order because it was communicated from official channel [deleted] and don't bring obstruction to justice. NCLAT is on holiday till 13th. We are confused as what to do now? Do we have to surrender to a dubious order created outside NCLT premises on a Lenovo Laptop before NCLT working hours? Or otherwise, we go to Jail for Obstruction of Justice? Please guide us,
Asked 4 years ago
It is not obstruction of justice to insist on certified copy of order passed by NCLT
file appeal against impugned order before NCLAT
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
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.
You can share and state that it was inadvertently done by the executive if you surrender the same
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.
1. Police complaint can be registered against the Registrar in his personal name.
2. Approach the vacation bench of the High Court seeking relief.