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TMI Blog2019 (3) TMI 2017X X X X Extracts X X X X X X X X Extracts X X X X ..... ALIA VERSUS UNION OF INDIA ORS. [ 2019 (2) TMI 2063 - SC ORDER] . However, from the order dated 4th February, 2019, it is found that the learned counsel for the petitioner sought permission to withdraw the special leave petition. So the SLP was dismissed as withdrawn in the aforesaid background, the order passed being not binding on any of the party, following the decision in M/s. Spartek Ceramics India Ltd. [ 2018 (6) TMI 350 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI ] we are of the view that the Writ Petition preferred by the appellant stands revived before the Hon ble High Court of Delhi and in terms of the liberty given by the Hon ble Supreme Court in the case of M/s. Spartek Ceramics India Ltd. [ 2018 (10) TMI 1660 - SUPREME ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eal preferred to the Appellate Authority or any reference made or inquiry pending to or before the Board or any proceeding of whatever nature pending before the Appellate Authority or the Board under Sick Industrial Companies (special provisions) Act, 1985 (1 of 1986) shall stand abated: Provided that a company in respect of which such appeal or reference or inquiry stands abated under this clause may make reference to the National Company Law Tribunal under the Insolvency and Bankruptcy Code, 2016 within one hundred and eighty days from the commencement of the Insolvency and Bankruptcy Code, 2016 in accordance with the provisions of the Insolvency and Bankruptcy Code, 2016. Provided further that no fees shall be payable for making su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this Appellate Tribunal held that the amendment made by the Central Government vide Notification dated 25th November, 2018 substituting Section 4(b) of the 'SICA Repeal Act, 2003' was without jurisdiction and on that basis the application before the Adjudicating Authority was not maintainable under the 'Insolvency and Bankruptcy Code, 2016' (for short, the 'I&B Code'). The aforesaid decision was challenged before the Hon'ble Supreme court in 'M/s. Spartek Ceramics India Ltd.' (Supra) wherein the Hon'ble Supreme while upheld the decision of this Appellate Tribunal passed on 28th May, 2018, on the ground that the appeal was not maintainable. In view of the fact that the Notification dated 24th May, 2017 travels beyond the scope of the removal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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