(Ranjan Gogoi, R. Banumathi and Navin Sinha, JJ.)
Marudhar Power Pvt. Ltd. & Ors. ____________________ Appellant(s)
v.
Manoj Kumar Kanunga & Ors. _____________________ Respondent(s)
Civil Appeal No(s). 13540/2015, decided on July 12, 2018
The Order of the court was delivered by
Order
1. As agreed to by the learned counsels for both sides and having considered the matter we are of the view that this appeal deserves to be disposed of by directing that the issues arising therein be considered afresh by the learned National Company Law Tribunal (NCLT) (for short “Tribunal”). Such consideration will be made by the learned Tribunal without being influenced by any of the observations and findings including the conclusions with regard to question(s) of law that may have been recorded by the High Court in the impugned order under challenge. In other words, the learned Tribunal would be at liberty to decide the matter afresh in accordance with law and on the basis of such contentions that may be advanced before it by the contesting parties.
2. The learned Tribunal is requested to hear and decide the matter as expeditiously as its business would permit.
3. The appeal is disposed of in the above terms.
CIVIL APPEAL NO(S).13540/2015
Marudhar Power Pvt. Ltd. & Ors ____________________ Appellant(s)
v.
Manoj Kumar Kanunga & Ors _____________________ Respondent(s)
Date: 12-07-2018 This appeal was called on for hearing today.
(Before Ranjan Gogoi, R. Banumathi and Navin Sinha, JJ.)
For Appellant(s) Mr. Karan Lahiri, Adv.
Mrs. Surbhi Kapoor, Adv.
Mr. Rohit Ghosh, Adv.
Mrs. Bina Gupta, AOR
For Respondent(s) Mr. P.K. Bhalla, Adv.
Mr. Praveen Kumar, AOR
Ms. Sunaina Kumar, Adv.
Mr. Paras Kuhad, Sr. Adv.
Mr. Rajat Sehgal, Adv.
Mr. Vikas Mehta, AOR
UPON hearing the counsel the Court made the following
ORDER
4. The appeal is disposed of in terms of the signed order.
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