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2023 (4) TMI 780

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..... roceedings in the appeal before the NCLAT, inter alia, as recorded in the order dated 22.8.2022 in presence of their counsel - we are not inclined to interfere with the oblique endeavour of the petitioner through the present proceeding as it is their say that their own appeal is pending before the NCLAT. Appeal dismissed. - SPECIAL LEAVE PETITION (C) No.2536/2023 ( @ SLP (C) Dy. No. 1158/202 .....

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..... ency and Bankruptcy Code, 2016 was dismissed by an order dated 14.3.2022 and against the same the SLP was dismissed on 11.4.2022. Respondent No.1 thereafter filed a petition with leave to appeal against the original order of Division Bench alleging that they were not parties in those proceedings and some observations have been made in paras 13 to 15 of that order which affected the pending litigat .....

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..... e appeal filed by Indiabulls Housing Finance Ltd. could be permitted to be withdrawn. In the aforesaid context, it has been contended on behalf of the respondent that the matter should be thrown out at the threshold on account of mis-disclosure of facts for seeking condonation of delay, albeit of a short period. What has been sought to be pointed out is that the ignorance expressed about the or .....

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..... t inclined to entertain this appeal in the background of the facts and circumstances in which the impugned order has been passed after remit from this Court about the right of respondent No.1 to withdraw the appeal before the NCLAT which has been so permitted to be withdrawn. The appellant claims that they have an independent appeal pending. If that be so, it is for the NCLAT to examine the appeal .....

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