# In the matter of Savute Textiles Private Limited

> NCLT judgment dated 2024-04-25. Citation: TCN-2024-NCLT-01595. The case involves an application filed by Mr. Nazeeb Peediyakkal Abdul Salim, who was arrayed…

- **Court:** NCLT
- **Order date:** 25 Apr 2024
- **Citation:** TCN-2024-NCLT-01595
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/savute-textiles-private-limited-a15b3e14

## Summary

### Background

The case involves an application filed by Mr. Nazeeb Peediyakkal Abdul Salim, who was arrayed as Respondent No. 3 in IA(IBC)/97/KOB/2023 under Section 60(5) & 66 of the IBC, 2016 read with Rule 11 of the NCLT Rules, 2016. The applicant sought to have his name deleted and struck off from the array of parties in IA(IBC)/97/KOB/2022 in CP(IB)/45/KOB/2021, arguing that he is neither a necessary nor a proper party.

## Facts

Mr. Nazeeb Peediyakkal Abdul Salim, the applicant, was appointed as an Additional Director of the Corporate Debtor, M/s. Savute Textiles Private Limited, on 26.03.2015. He was appointed by the Corporate Debtor for a period of one year. The applicant stated that he did not get the opportunity to participate in the affairs of the Corporate Debtor. Consequently, he sent his resignation letter to the Respondent Nos. 2 and 3, directors of the Corporate Debtor, via e-mail dated 10.11.2021 and speed-post on 09.11.2021. The Form DIR-11 was filed by the Applicant before ROC, and receipt was issued by the Ministry of Corporate Affairs on 16.03.2022. The applicant claimed he is not liable for the acts of the Respondent Nos. 2,3,4,10,11,12 and 13. The applicant sought to be

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## Issues and analysis

### Issue 1: Whether the name of Respondent No. 3 should be deleted and struck off from the array of parties in …

**Ratio:** The court has the power to remove a party from the array of parties if that party is

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**Reasoning:** The court found that the applicant's name was not mentioned anywhere in the records of

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**Interpretation:** The court interpreted the relevant provisions of the IBC and NCLT Rules to

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**Application:** Based on the facts and the court's interpretation of the law, the court

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## Parties

- **Judges:** Shyam Babu…; T Krishna…
- **Appellants:** Nazeeb Peediyakkal…
- **Respondents:** M/s. Savute…; K. EASWARA…

## Timeline

- **2015-03-26 — Appointment as…**: The Applicant was appointed as an…
- **2021-11-10 — Resignation Le…**: The Applicant sent resignation letter to the Respondent Nos. 2 and 3, directors of the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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