(R. Banumathi and Navin Sinha, JJ.)
Dr. Nitin Modi & Ors. _____________________________ Appellant(s)
v.
Dr. Rakesh Shivhare & Ors. _______________________ Respondent(s)
Civil Appeal No. of 2018 (@ Diary No. 20825 of 2018), decided on July 11, 2018
With
Civil Appeal No. of 2018 (@ Diary No. 20793 of 2018) Civil Appeal No. of 2018 (@ Diary No. 20787 of 2018)
The Order of the court was delivered by
Order
1. Heard the learned counsel for the parties and perused the relevant material.
2. Permission to file civil appeals is granted.
3. Delay condoned.
4. In view of the findings recorded by the National Company Law Tribunal in para 50 and para 25 of the National Company Law Appellate Tribunal, we are not inclined to interfere with the the impugned order(s).
5. Since, as per the findings of NCLT and NCALT the new settlement has to be arrived at between the parties.
6. Grievance of any nature by the parties are to be raised before the Settlement proceedings.
7. We make it clear that we have expressed no opinion on the merits of the case.
8. In view of above observation, the civil appeals are, accordingly, disposed of.
CIVIL APPEAL Diary No(s). 20825/2018
Dr. Nitin Modi & Ors _____________________________ Petitioner(s)
v.
Dr. Rakesh Shivhare & Ors _______________________ Respondent(s)
(IA No. 85081/2018-CONDONATION OF DELAY IN FILING and IA No. 85082/2018-STAY APPLICATION and IA No. 86715/2018-PERMISSION TO FILE ADDITIONAL DOCUMENTS)
With
Diary No. 20793 of 2018
(Condonation of delay in filing and re-filing, exemption from filing c/c of the impugned judgment, permission to file Appeal, and stay application)
Diary No. 20787 of 2018
(Condonation of delay in filing and re-filing, exemption from filing c/c of the impugned judgment and stay application)
Date : 11-07-2018 These petitions were called on for hearing today.
(Before R. Banumathi and Navin Sinha, JJ.)
For Petitioner(s) Mr. Sumeer Sodhi, AOR
Ms. Mahima Gupta, Adv.
Ms. Meenakshi Arora, Sr. Adv.
Mr. Mohit D. R am, Adv.
Ms. Monisha Handa, Adv.
For Respondent(s) Mr. Dinesh Chander Trehan, Adv.
Ms. Astha Tyagi, AOR
Mr. Vivek K. Tankha, Sr. Adv.
Mr. Sumeer Sodhi, Adv.
Mr. Varun Tankha, Adv.
Mr. Aman Nandrajog, Adv.
Mr. Prashant Sivarajan, Adv.
Mr. Ashish Tiwari, Adv.
Ms. Ashima Mandla, Adv.
UPON hearing the counsel the Court made the following
ORDER
9. Heard the learned counsel for the parties and perused the relevant material.
10. Permission to file civil appeals is granted.
11. Delay condoned.
12. The appeals are, accordingly, disposed of in terms of the signed order.
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