# In the matter of Helpline Hospitality Pvt. Ltd. IA-224,951 & 1023-2023 in Misc. Application-05-2022 in (IB)-35(ND)-17

> NCLT judgment dated 2023-02-22. Citation: TCN-2023-NCLT-04502. The case involves multiple Interlocutory Applications (IAs) filed in the National Company Law…

- **Court:** NCLT
- **Order date:** 22 Feb 2023
- **Citation:** TCN-2023-NCLT-04502
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/helpline-hospitality-pvt-ltd-ia-224951-1023-2023-in-misc-application-05-2022-in-fb69af4f

## Summary

### Background

The case involves multiple Interlocutory Applications (IAs) filed in the National Company Law Tribunal (NCLT), New Delhi, related to the insolvency resolution process of M/s. Helpline Hospitality Pvt. Ltd. The primary applications, IA-1026/2023 and IA-951/2023, were filed by Mr. T.S. Murali, seeking information and documents from the Liquidator and a copy of a Settlement/Demand Draft. Misc. Application-05/2022 concerns the valuation of a property (Plot No. 158, Block-G, Sector 41, Noida) and the upset price fixed for its auction. The Delhi High Court had previously addressed the matter, and the NCLT is considering the valuation issue based on the liquidator's report.

## Facts

Mr. T.S. Murali, the applicant, filed IA-1026/2023 and IA-951/2023 seeking information and documents from the Liquidator and a copy of a Settlement/Demand Draft. Mr. Murali had resigned from the Board of Directors on 01.11.2006, prior to the commencement of the CIRP in 2017. The applications were filed during the liquidation period of M/s. Helpline Hospitality Pvt. Ltd. Misc. Application-05/2022 concerns the valuation of Plot No. 158, Block-G, Sector 41, Noida. The applicant argued that the market value of the plot should be around Rs. 4 crore. The liquidator provided sale statistics of similar properties, indicating an average price of Rs. 95,466.89 per Sq. Mtr., resulting in a calculated price of Rs. 1,69,26,280.05 for the plot. The liquidator had fixed the

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## Issues and analysis

### Issue 1: Whether Mr. T.S. Murali, as a third party, has the locus standi to file IA-1026/2023 and …

**Ratio:** A third party cannot seek information or settle dues on behalf of the Corporate Debtor

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**Reasoning:** The court reasoned that Mr. T.S. Murali, having resigned from the Board of Directors

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**Interpretation:** The interpretation of the law emphasizes the importance of locus standi in

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**Application:** The ratio was applied to the facts by determining that Mr. Murali was acting as

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## Parties

- **Judges:** Sh. Ashok Kumar…; L. N. G…
- **Appellants:** R.M. Housekeeping.…
- **Respondents:** M/s Helpline…
- **Advocates:** Apoorv Ag…; Manav G…; +2 more

## Timeline

- **2006-11-01 — Resignation of Mr. T.S.…**: Mr. T.S. Murali resigned…
- **2017-01-01 — Commencement…**: The Corporate Insolvency Resolution Process (CIRP) commenced for M/s. Helpline…

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