9911796707
TMI Blog2017 (8) TMI 672X X X X Extracts X X X X X X X X Extracts X X X X ..... to the petitioner for running a FL-11 Hotel, this writ petition is filed. Material facts for the disposal of the writ petition are as follows: 2. First petitioner is a Private Limited company incorporated under the Companies Act, 1956, and is principally engaged in the business of owning and managing the Windsor Castle Hotel at Kottayam. The 2nd petitioner is allegedly the Managing Director of the 1st petitioner company. There are litigations pending before the National Company Law Tribunal at Chennai Bench. According to the petitioners, as per Exts. P2 and P3 judgments, the 2nd petitioner is vested with the power to manage the affairs of the petitioner company. Even though Special Leave Petitions were filed against Ext. P2 and P3 by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... license. Other contentions are raised with respect to the transfer of other licenses for running the hotel in favour of the 2nd petitioner. Anyhow, the application for renewal submitted by the 2nd petitioner was declined as per Ext. P13 order, holding that there is an interim order in CP No.9/2016 for an injunction restraining the 2nd petitioner from representing the 1st petitioner company as Managing Director, and it is not clear from the subsequent orders whether the above order is modified or not. Other circumstances are also pointed out to the effect that in order to transfer license from one person to another, it requires proper application, consent, affidavit and statements of transferor and transferee. However, the 2nd petitioner ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd petitioner is not in order. It is also submitted that, since the subject matter with respect to to the EOGM is not finalized, if the license is directed to be issued in the name of the 2nd petitioner, it will cause irreparable loss and injury to the additional 3rd respondent and the subject dispute pending consideration. 7. After hearing the submissions made across the Bar and perusing the pleadings and the documents on record, one thing is not disputed, there was an interim order, Ext. P7, passed by the Tribunal, appointing Justice M. Ramachandran, former Judge of this Court to conduct the EOGM. It is also not in dispute that the EOGM was convened in accordance with the directives issued by the Tribunal and several decisions were taken ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (SC)], since the distance provided in the said judgment from the nearest Highway will preclude the licensing authority from issuing the license. Those are all matters to be looked into by the licensing authority in accordance with law. 9. In view of the fact circumstances discussed above, I am of the considered opinion that Ext. P13 is liable to be set aside. Accordingly, I do so. Consequentially, there will be a direction to the 2nd respondent to re-consider the application submitted by the 2nd petitioner to renew FL-11 license of Hotel Windsor Castle, Kodimatha, Kottayam, as a properly constituted application, and if otherwise the application is in order and in accordance with law, I see no reason to decline the license. 10. I also mak ..... X X X X Extracts X X X X X X X X Extracts X X X X
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