(Sanjay Kishan Kaul and Abhay S. Oka, JJ.)
Special Leave Petition (C) No. 2536/2023 (@ SLP (C) Dy. No. 1158/2023), decided on January 27, 2023
Srei Equipment Finance Limited ______________________ Petitioner;
v.
Kalpataru Properties Private Limited and Others _______ Respondent(s).
With
Civil Appeal No. 385/2023
Special Leave Petition (C) No. 2536/2023 (@ SLP (C) Dy. No. 1158/2023) and Civil Appeal No. 385/2023
The Order of the court was delivered by
Order
SPECIAL LEAVE PETITION (C) No. 2536/2023
(@ SLP (C) DIARY No. 1158 of 2023)
1. Delay condoned.
2. An endeavour made by one Sri Subhankar Bhowmik through a PIL filed in the High Court of Tripura at Agartala seeking to raise issues about the provisions of Insolvency 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 litigation relating to respondent No. 1. In that context, it was observed that if that was so, it was for the petitioner to approach the High Court to seek appropriate relief and the SLP was dismissed with that liberty. Thereafter a review application was filed by respondent No. 1 which has been decided by the impugned order dated 21.9.2022 making certain observations in that context of the pending litigation of respondent no. 1 and clarifying the position.
3. The present SLP is directed against that order filed in January, 2023 and it may be noticed that considerable litigation relating to the matter pending before the NCLAT arose which has not resulted in a favourable order by the NCLAT for the petitioner after orders were passed by this Court for the NCLAT to take a call on the issue whether the appeal filed by Indiabulls Housing Finance Ltd. could be permitted to be withdrawn.
4. 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 order passed in the review petition is false as it was well known to the appellant in view of the proceedings in the appeal before the NCLAT, inter alia, as recorded in the order dated 22.8.2022 in presence of their counsel.
5. Be that as it may, on hearing learned counsel for the parties, 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. We are of the view that it will be for the NCLAT to take a call on its own merit in the appeal filed by the petitioner and respondent No. 1-M/s Indiabulls Housing Finance Ltd. would have equally all defences available including the plea of limitation. SLP is accordingly dismissed.
CIVIL APPEAL NO. 385 OF 2023
6. We are not 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 of the appellant on its own merits equally the respondent Nos. 1 and 2 will have all defences available including the plea of limitation.
7. The appeal stands dismissed.
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