(Rohinton Fali Nariman and Indu Malhotra, JJ.)
Rajputana Properties Private Limited __________________ Appellant
v.
Ultratech Cement Limited & Ors. _________________ Respondent(s)
Civil Appeal Nos. 5789-5790 of 2018, decided on July 2, 2018
The Order of the court was delivered by
Order
1. Heard the learned Senior Counsel appearing for the parties.
2. By our order dated 10.05.2018, we had fervently hoped that the National Company Law Appellate Tribunal would conclude the proceedings at an early date. However, that has not happened.
3. Be that as it may, the appeal has been set down for hearing on the 10th July, 2018. We are of the view that all points should be left open for arguments before the Appellate Tribunal, including the preliminary objection of Rajputana Properties Private Limited that the bid of Ultratech Cement Limited cannot be looked at at all in view of the fact situation in the present case.
4. We have been informed that the point concerning the eligibility of Ultratech Cement Limited under Section 29A of the Insolvency and Bankruptcy Code, 2016 including its resolution plan is pending and is to be decided on the 9th of this month by the National Company Law Tribunal, Kolkata.
5. We transfer the said proceeding, with the consent of parties, to the National Company Law Appellate Tribunal, so that in its deliberation on 10.07.2018 even the point which arises under Section 29A of the Insolvency and Bankruptcy Code will finally be decided only by the Appellate Tribunal.
6. The proceedings will be conducted as per our order dated 10.05.2018 i.e. it will be taken up for hearing on 10.07.2018 and conducted on a day-to-day basis and judgment may be pronounced as early as possible.
7. The National Company Law Appellate Tribunal will decide all points raised by both sides, without being influenced by the order dated 15.05.2018.
8. The National Company Law Tribunal, Kolkata is directed to transfer the files to the Appellate Tribunal forthwith.
9. The appeals are disposed of accordingly.
Civil Appeal No(s). 5789-5790/2018
Rajputana Properties Private Limited ____________________ Appellant
v.
Ultratech Cement Limited & Ors ____________________ Respondent(s)
(Before Rohinton Fali Nariman and Indu Malhotra, JJ.)
For Appellant(s) Mr. Gopal Subramanium, Sr. Adv.
Mr. Arvind Datar, Sr. Adv.
Mr. Manu Nair, Adv.
Mr. Kuber Dewan, Adv.
Mr. Sidhant Kant, Adv.
Mr. Hitesh Kumar Saini, Adv.
Mr. S.S. Shroff, AOR
For Respondent(s) Mr. Mukul Rohatgi, Sr. Adv. Dr. A.M. Singhvi, Sr. Adv.
Mr. Amrendra Saran, Sr. Adv. Mr. Mahesh Agarwal, Adv.
Mr. Himanshu Satija, Adv.
Ms. Aastha Mehta, Adv.
Ms. Sadapurna Mukharjee, Adv. Mr. Amit Bhandari, Adv.
Mr. E.C. Agrawala, AOR Mr. Ravi Kadam, Sr. Adv.
Mr. Amit Sibal, Sr. Adv. Mr. Sumesh Dhawan, Adv. Mr. Vijay Sondhi, Adv.
Mr. Nakul Sachdeva, Adv. Mr. D.P. Mohanty, Adv.
Mr. Sumit Goel, Adv.
Mr. Pranshu Paul, Adv. Mr. Soham Kumar, Adv.
Mr. Akash Jindal, Adv. Ms. Anwesha Padhi, Adv.
For M/s. Parekh & Co., AOR
Mr. Tushar Mehta, ASG
Mr. R. Sudhinder, Adv.
Ms. Amrita Sarkar, Avd.
Ms. Nimitha Kaul, Adv.
Ms. Ekta Bhasin, Adv.
Mr. Ashok Mathur, AOR
UPON hearing the counsel the Court made the following
ORDER
10. The appeals are disposed of in terms of the signed order.
11. Pending applications, if any, also stand disposed of.
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