# In the matter of Gulam Mustafa, Suspended Director Of Gulam Mustafa Enterprises Pvt. Ltd.  Vs Balakrishna Venkatachalam, Irp Of Allam Infinite India Pvt. Ltd.

> NCLAT judgment dated 2024-04-22. Citation: TCN-2024-NCLAT-00489. The case involves an appeal against an order dated 2024-02-29 passed by the National Company…

- **Court:** NCLAT
- **Order date:** 22 Apr 2024
- **Citation:** TCN-2024-NCLAT-00489
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/gulam-mustafa-suspended-director-of-gulam-mustafa-enterprises-pvt-ltd-vs-balakri-f54da312

## Summary

### Background

The case involves an appeal against an order dated 2024-02-29 passed by the National Company Law Tribunal (NCLT), Bengaluru Bench. Instead of filing a company petition, the appellant initially filed a writ petition before the Karnataka High Court (W.P. No.7139 of 2024). The High Court granted an interim order but later disposed of the writ petition on 2024-04-18. During the High Court proceedings, the parties were exploring settlement options.

## Facts

Gulam Mustafa, the suspended director of Gulam Mustafa Enterprises Pvt. Ltd., filed an appeal against an order passed by the NCLT Bengaluru Bench. Instead of filing a company petition before the NCLT, the appellant initially filed a writ petition before the Karnataka High Court. The Karnataka High Court granted an interim order, but the writ petition was later disposed of on 2024-04-18. During the High Court proceedings, the parties were attempting to settle the matter. The court has now issued a notice to Respondent No.1, Balakrishna Venkatachalam, the IRP of Allam Infinite India Pvt. Ltd. The interim order granted by the High Court remains effective until 2024-06-04, and the CIRP proceedings are kept in abeyance until that date to facilitate settlement negotiations.

## Issues and analysis

### Issue 1: Whether the appeal against the NCLT order is maintainable given the prior proceedings in the …

**Ratio:** The principle of res judicata and the avoidance of conflicting judgments between

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**Reasoning:** The court acknowledges the appellant's initial approach of filing a writ petition in the

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**Interpretation:** The court implicitly acknowledges the potential issue of maintainability but

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**Application:** The court does not dismiss the appeal outright but instead focuses on the

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## Parties

- **Judges:** Sharad Kumar…; Jatindranat…
- **Appellants:** Gulam Mu…
- **Respondents:** Gulam Mustafa…; Balakrishna…

## Timeline

- **2024-02-29 — Impugned Ord…**: Date of the order passed by the National Company Law Tribunal, Bengaluru Bench, which is…
- **2024-04-18 — Disposal of Writ…**: The Karnataka High Court disposed of the Writ Petition (W.P. No.7139 of 2024) filed by…

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