9911796707
TMI Blog2021 (11) TMI 1042X X X X Extracts X X X X X X X X Extracts X X X X ..... looking to the subject matter of pending appeals, the NCLAT may assign a reasonable priority to these matters and after completion of the pleadings, take up the matters for final hearing at the earliest. The present appeals stand disposed of. - CIVIL APPEAL NO. 6478/2021 WITH CIVIL APPEAL NO. 6480/2021 - - - Dated:- 12-11-2021 - HON'BLE MR. JUSTICE DINESH MAHESHWARI AND HON'BLE MR. JUSTICE VIKRAM NATH For the Appellant(s) Mr. Shyam Diwan, Sr. Adv.,Mr. Shashank Bhodhe, adv., Mr. Ashish Aggarwal, Adv., Ms. Gurkamal Hora Arora, Adv., Mr. Kopal Mittal, Adv., Mr. Anil Jairal, Adv., Mr. Sanam Tripathi, Adv., Ms. Tatini Basu, AOR For the Respondent : Mr. Suman Jyoti Khaitan, AOR, Mr. Sameer Sagar, Adv., Mr. A.M. Singhvi, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 11.11.2021 and also granted stay in the following terms: - In the meanwhile, status quo prevailing as on today shall be maintained by the parties in 108/241- 242/PB/2021 dated 12.08.2021 passed by National Company Law Tribunal, New Delhi, Principal Bench. 3. The aforesaid order dated 13.09.2021 is sought to be questioned in Civil Appeal No. 6478 of 2021. It is noticed that after the order so passed by NCLAT, the Tribunal took up the matter on 16.09.2021 and by that time, the commissioner s report had been received. The Tribunal observed that the Appellate Tribunal had not stopped them from opening the sealed cover containing the commissioner s report; and after having gone through the report, the Tribunal considered it proper to wai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ders and the persons who are in the helm of affairs that they shall take appropriate steps to convince the financial institutions from proceeding further. 5. On the other hand, on 29.09.2021, the matter was taken up by NCLAT in Company Appeal (AT) No. 113 of 2021 when the aforesaid order dated 16.09.2021 of NCLT was placed before the Appellate Tribunal. Thereupon, the Appellate Tribunal ordered thus: 11. Be that it may and after hearing the parties, we are of the view that during the pendency of this Appeal, the following order is required to be passed. i) The Ld. NCLT, New Delhi is directed that none of the parties to whom the report of the Independent Commissioner has been served shall rely upon, utilize and quote any word from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat when the matters concerning interlocutory orders passed by the Tribunal are pending in appeal before the Appellate Tribunal and the said Appellate Tribunal has already passed the requisite orders for expeditious proceedings, there is no reason for this Court to entertain these appeals and to examine any of the aspects relating to interim arrangement or relating to the merits of the case. In our view, interest of justice shall be served by observing that in the facts and circumstances of the case and looking to the subject matter of pending appeals, the NCLAT may assign a reasonable priority to these matters and after completion of the pleadings, take up the matters for final hearing at the earliest. 10. We are informed that the matte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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