IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 9091 OF 2022

RAJEEV VIDYADHARAN @ RAJEEV ANCHAL & ORS. ..... APPELLANT(S)

VERSUS

P. J. MATHEWS & ORS. ..... RESPONDENT(S)

WITH

CIVIL APPEAL NO. 9367 OF 2022

O R D E R

While we do not find any good ground and reason to interfere with the impugned order which has specifically directed the National Company Law Tribunal ('NCLT') to dispose of the petition within a period of four weeks from the date of the receipt of the order dated 18.10.2022, we are inclined to clarify that as the petition remains pending, it will be open to the appellants to file an application before the NCLT for disbursement of the essential payments, including the salary and other operational expenses, so that the Jatayupara Tourism Project located at Chadayamangalam, Kollam District, Kerala does not stop functioning, put to disuse and pays statutory and genuine liabilities. If any such application is filed, the same would be considered in accordance with law by the NCLT, and decided expeditiously, preferably within a period of 10 days of the filing of the application, without being influenced by the directions given in the impugned order dated 18.10.2022 Digitally signed by SWETA BALODI Date: 2023.01.09 09:11:56 IST Reason: Signature Not Verified

which does not permit disbursement.

At this stage, the learned counsel for respondent nos. 1 to 8, who appears on caveat, states that the said respondents are not averse to the necessary and genuine payments being made but there has to be a verification which exercise should involve the third party or the respondents before the payment is made. It will be open to the respondents to raise the said plea before the NCLT.

Recording the aforesaid, the appeals are disposed of.

Pending application(s), if any, shall stand disposed of.

..................J. (SANJIV KHANNA)

..................J. (M.M. SUNDRESH)

NEW DELHI; JANUARY 02, 2023. bp

(REVISED FOR APPEARANCE) ITEM NO.29+53 COURT NO.8 SECTION XVII

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Civil Appeal No(s). 9091/2022

RAJEEV VIDYADHARAN @ RAJEEV ANCHAL & ORS. Appellant(s)

VERSUS

P. J. MATHEWS & ORS. Respondent(s)

(IA No. 195499/2022 - EX-PARTE STAY IA No. 195498/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 195500/2022 - EXEMPTION FROM FILING O.T.)

WITH

Civil Appeal No(s). 9367/2022 (FOR ADMISSION and IA No.202906/2022-EX-PARTE STAY and IA No.202907/2022-EXEMPTION FROM FILING O.T. ))

Date : 02-01-2023 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE M.M. SUNDRESH

For Appellant(s)

Mr. V. Chitambaresh, Sr. Adv. Mr. Ravi Prakash Mehrotra, Sr. Adv. Mr. Jogy Scaria, AOR Mrs. Beena Victor, Adv. Ms. Varsha Awana, Adv.

For Respondent(s)

Mr. Siddharth, AOR Mr. Bijoy P. Pulipra, Adv. Mrs. Nithya Sumam Das, Adv. Mr. Amit Kumar Agrawal, Adv.

UPON hearing the counsel, the Court made the following O R D E R

The appeals are allowed in terms of the signed order. Pending application(s), if any, shall stand disposed of.

(BABITA PANDEY) COURT MASTER (SH) (R.S. NARAYANAN) COURT MASTER (NSH) (Singed order is placed on the file)

ITEM NO.29+53 COURT NO.8 SECTION XVII

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Civil Appeal No(s). 9091/2022

RAJEEV VIDYADHARAN @ RAJEEV ANCHAL & ORS. Appellant(s)

VERSUS

P. J. MATHEWS & ORS. Respondent(s)

(IA No. 195499/2022 - EX-PARTE STAY IA No. 195498/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 195500/2022 - EXEMPTION FROM FILING O.T.)

WITH

Civil Appeal No(s). 9367/2022 (FOR ADMISSION and IA No.202906/2022-EX-PARTE STAY and IA No.202907/2022-EXEMPTION FROM FILING O.T. ))

Date : 02-01-2023 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE M.M. SUNDRESH

For Appellant(s)

Mr. Ravi Prakash Mehrotra, Sr. Adv. Mr. Jogy Scaria, AOR Mrs. Beena Victor, Adv. Ms. Varsha Awana, Adv.

For Respondent(s)

Mr. Siddharth, AOR Mr. Bijoy P. Pulipra, Adv. Mrs. Nithya Sumam Das, Adv. Mr. Amit Kumar Agrawal, Adv. UPON hearing the counsel, the Court made the following O R D E R

The appeals are allowed in terms of the signed order. Pending application(s), if any, shall stand disposed of.

(BABITA PANDEY) COURT MASTER (SH) (R.S. NARAYANAN) COURT MASTER (NSH) (Singed order is placed on the file)