(Rohinton Fali Nariman and Abhay Manohar Sapre, JJ.)
Naresh Hansrajmal Bulchandani _______________________ Appellant;
v.
Deep Constructions Co. and Another ________________ Respondent(s).
Civil Appeal No. 4887 of 2018 [Arising out of S.L.P. (C) No. 12227 of 2018) (D. No. 15361 of 2018], decided on May 7, 2018
The Order of the court was delivered by
Order
1. Permission to file Special Leave Petition is granted.
2. Delay condoned.
3. Heard learned Counsel appearing for the appellant.
4. Application seeking exemption from filing Certified Copy of the impugned order is allowed.
5. Leave granted.
6. A Petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 has been admitted by the National Company Law Tribunal, Ahmedabad Bench on 18.01.2018. Since that date, by way of a Memorandum of Understanding-cum-Settlement Agreement dated 05.04.2018, the matter has been settled between the parties.
7. A copy of the Memorandum of Understanding-cum-Settlement Agreement dated 05.04.2018 executed between the parties is made part of the record of this Court, and by using our powers under Article 142 of the Constitution of India, we set aside the impugned order dated 18.01.2018 passed by the National Company Law Tribunal, Ahmedabad Bench.
8. Accordingly, the appeal is allowed.
9. Pending application filed in the matter also stands disposed of.
SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 15361/2018
Naresh Hansrajmal Bulchandani _______________________ Petitioner
v.
Deep Constructions Co. & Anr ____________________ Respondent(s)
(FOR ADMISSION and I.R. and IA No. 61903/2018-CONDONATION OF DELAY IN FILING and IA No. 61905/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No. 61901/2018-PERMISSION TO FILE SLP and IA No. 61904/2018-PERMISSION TO FILE ADDITIONAL DOCUMENTS)
Date : 07-05-2018 This petition was called on for hearing today.
(Before Rohinton Fali Nariman and Abhay Manohar Sapre, JJ.)
For Petitioner(s) Mr. Mohit D. Ram, AOR
Ms. Monisha Handa, Adv.
Mr. Rajul Shrivastav, Adv.
For Respondent(s) Mr. Pradhuman Gohil, Adv.
Mrs. Taruna Singh Gohil, AOR
Mr. Himanshu Chaubey, Adv.
UPON hearing the counsel the Court made the following
ORDER
10. Delay condoned.
11. Leave granted.
12. The appeal is allowed in terms of the signed order.
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