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2025 DAILYLAW 48097 (AP)

GARVIT KHANDELWAL v. Union of India

WP/592/2024 · 2025-05-04

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

V IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) VTJir: MONDAY, THE FIFTH DAY OF MAY - TWO THOUSAND AND TWENTY FIVE PRESENT T^kChON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 592 OF 2024 Between: Garvit Khandelwal, S/o Brajendra Khandewal, Aged about 36 years, R/o 7-5- 5-33/17, Rk Beach Swagruha Coral, Visakhapatnam - 530003. ...PETITIONER AND 1. Union of India, Kep by its Rrincipal Secretary Ministry of Corporate Affairs, New Delhi. 2. Honourable National Company Law Tribunal, Rep by its Registrar, Amaravathi. 3. IDBI Bank, Represented by its Authorized Officer 2nd Floor, NPA Management Group #5-9-89/1862, Chapel Road, Hyderabad - 500001 ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or direction preferably writ of Prohibition declaring the 2nd Respondent Tribunal has no jurisdiction to entertain Petition filed under Section 95 of IBC, 2016 vide CP (IB) 121 of 2022, by the 3rd Respondent against the Petitioner in light of Scheme of IBC, 2016 and consequentially direct the cessation of the proceedings in C.P.(IB) No 121 of 2022 on the file of Hon'ble National Company Law Tribunal. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings in C.P.(IB).No.121 of 2022, on the file of the Hon’ble National Company Law Tribunal, pending disposal oftheC.R.P. lA NO: 2 OF 2024 Between: IDBI Bank, Represented by its Authorized Officer 2nd Floor, NPA Management Group #5-9-89/1862, Chapel Road, Hyderabad - 500001 ...VACATE STAY PETITIONER/3'^° RESPONDENT IN WP NO. 592/2024 AND 1. Garvit Khandelwal, S/o Brajendra Khandewal, Aged about 36 years, R/b 7-5-5-33/17, Rk Beach Swagruha Coral, Visakhapatnam - 530003. ...RESPONDENT/WRIT PETITIONER 2. Union of India, Rep by its Principal Secretary Ministry of Corporate Affairs, New Delhi. 3. Honourable Natipoa Amaravathi. I Company Law Tribunal, Rep by its Registrar, ...RESPONDENTS / RESPONDENTS Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the Interim Order Dated 30-04-2024 granted in W.P.No. 59^f 2024 with costs. Counsel for the Petitioner: SRI T V P SAI VIHARI Counsel for the Respondent No.1: SRI Y V ANIL KUMAR (CENTRAL GOVERNMENT COUNSEL) r/ I/ Counsel for the Respondent No.3: SRI S SATYANARAYANA MOORTHY Counsel for the Respondent No.2: — The Court made the following: ORDER APHC010007522024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT! (Special Original Jurisdiction) MONDAY,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY WRIT PETITION NO: 592/2024 [3331] HZ I SATTI Between: Garvit Khandelwal ...PETITIONER AND Union Of India and Others Counsel for the Petitioner: 1.TVPSAI VIHARI Counsel for the Respondent(S): 1.S SATYANARAYANA MOORTHY 2. DEPUTY SOLICITOR GENERAL OF INDIA t 3.Y V.ANIL KUMAR (Central Government Counsel) The Court made the following: ...RESPONDENT(S) :: ORDER :: In pursuance of the Court Slip dated 02.05.2025 the petitioner seeks petition. learned counsel for present writ permission of this Court to withdraw the Permission is accorded. Accordingly, this Writ Petition is dismissed as withdrawn. No order as to costs. Miscellaneous petitions, if any pending, in this case, shall stand closed. \ Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. One CC to Sri T V P Sai Vihari, Advocate [OPUC] ^ [Omc^ Y V Anil Kumar (Central Government Counsel), Advocate 3. One CC to Sri S Satyanarayana Moorthy, Advocate [OPUC] ''' Silt *2 Rao, Deputy Solicitor General of India, High Court of Andhra Pradesh. fOPUCl - ji 5. Three CD Copies TF * ■ .‘A - ‘ ^ HIGH COURT DATED:05/05/2025 ORDER WP.No.592 of 2024 e 3 nr.T 2n?5 % Current Section ^ N^OesPATCt^S^ DISMISSING THE W.P. AS WITHDRAWN, WITHOUT COSTS