TaxTMI 
TaxTMI 
2026 (7) TMI 1371
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.... during the pandemic. The petitioner was to refurnish the hospital facility and was to pay total commitment of 20% sharing on gross building revenue excluding medicine and consumables with a minimum revenue commitment of Rs.3,50,000/- per month. The share of revenue collection of a day was to be deposited in the liquidation account on the same day of collection but not later than the next working day. This was pursuant to a decision which was taken by the Municipal Council on 10.05.2021. On the same day, Ext.P5 agreement was also entered into between the petitioner and the hospital management agency M/s. Irattupetta Medical Centre, who was represented by the managing partner P.S. Muhammed Basheer. The Municipality entrusted the running of the hospital to the said private firm since the Municipality did not have the necessary infrastructure to run a hospital. The venture however failed. According to the petitioner, they only acted as a facilitator considering the huge public demand. The hospital management agency failed to pay the electricity charges for the building and demands were raised by the 2nd respondent against the petitioner. The petitioner informed the 2nd respondent on 2....
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....respondent, the petitioner misled the 2nd respondent and took possession of the premises from the Liquidators, but thereafter handed over control of the hospital to the erstwhile management of the corporate debtor itself by entering into Ext.P5 agreement. It is stated in the counter affidavit that this action was against the express prohibition contained in paragraph 14 of the NCLT's order dated 05.11.2020, the contents of which has been extracted in paragraph 8 of the counter affidavit. It was contented that the attempt of the petitioner was to walk away from their liability under the agreement by shifting the same to the Hospital Management Committee. According to the 2nd respondent, several hospital assets went 2missing in the process and the details of the same have also been given in the counter affidavit. It is contended that several reminders were issued to the petitioner, but they did not choose to make the payment. It is further contented that the remedy of the petitioner against the order of the NCLT was to prefer an appeal and an original petition cannot be maintained. 4. Heard the counsel for the petitioner and the respondent. 5. The counsel for the respondent....
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....tion to entertain or dispose of- (a) any application or proceeding by or against the corporate debtor or corporate person; (b) any claim made by or against the corporate debtor or corporate person, including claims by or against any of its subsidiaries situated in India; and (c) any question of priorities or any question of law or facts, arising out of or in relation to the insolvency resolution or liquidation proceedings of the corporate debtor or corporate person under this Code. (6) Notwithstanding anything contained in the Limitation Act, 1963 (36 of 1963) or in any other law for the time being in force, in computing the period of limitation specified for any suit or application by or against a corporate debtor for which an order of moratorium has been made under this Part, the period during which such moratorium is in place shall be excluded. 61. Appeals and Appellate Authority.-(1) Notwithstanding anything to the contrary contained under the Companies Act 2013 (18 of 2013), any person aggrieved by the order of the Adjudicating Authority under this part may prefer an appeal to the National Company Law Appellate Tribunal. (2....
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....h terms as it thinks fit. Provided that where the ex-parte hearing of the petition or application is of such nature that it cannot be set aside as against one respondent only, it may be set aside as against all or any of the other respondents also." The Rule specifically provides for an application to set aside an ex-parte order and such a petition can be considered if the applicant satisfies the Tribunal that notice was not duly served or that he was prevented by any sufficient cause from appearing for hearing. Rule 11 gives inherent power to the Tribunal to pass such orders as may be necessary for meeting the ends of justice and to prevent abuse of the process of the Tribunal. Under Section 61 of the IBC, an order has to be challenged within 30 days with a further time of 15 days that may be granted. The contention of the counsel for the respondent is that Rule 49 cannot be applied in such cases and Section 61 will have to be applied. It is contended that when there is a specific provision for an appeal, the petitioner cannot have recourse to a petition under Article 227 of the Constitution of India. 7. In State of U.P. & Ors. v. Raghvendra Nath Srivastava & Ors. [....
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.... (c) where the manner of exercise of power has amounted to transgression of jurisdiction. (vi) Given the above limits, the power is to be exercised cautiously and sparingly and not at all as a power of appeal; (vii) Owing to its constitutional origin, statutorily placed limitations on powers such as revision, will not affect this power; (viii) A Court can exercise this power on its own motion, both administratively and judicially however, the same is not meant to substitute the decision of the High Court for that arrived at by the Court or Tribunal subject to its supervision; (ix) Much like Article 226, this power is also discretionary in nature and does not confer a right upon any litigant to have it exercised by the court; (x) With specific reference to property or rent it may be noted that the Court under this power is, in the case of the former limited to cases where there is some statutory infraction or alleged collusion with the concerned Authority. In the case of the latter, it has been held that routine exercise of this power would be unwarranted since the special statute provides for the manner of exercise of powers by a partic....