Supreme Court - Daily Orders
Nirej Vadakkedathu Paul vs Sunstar Hotels And Estates Private ... on 25 September, 2023
ITEM NO.60 COURT NO.3 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No. 2746/2023
NIREJ VADAKKEDATHU PAUL & ORS. Appellant(s)
VERSUS
SUNSTAR HOTELS AND ESTATES PRIVATE LIMITED & ANR. Respondent(s)
(FOR ADMISSION and IA No.74390/2023-STAY APPLICATION and IA
No.73632/2023-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/
ANNEXURES and IA No.154206/2023-FOR DIRECTIONS and IA
No.154249/2023-FOR IMPLEADMENT)
Date : 25-09-2023 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MR. JUSTICE S.V.N. BHATTI
For Appellant(s)
Mr. Gopal Sankaranarayanan, Sr. Adv.
Ms. Nandini Gore, Adv.
Ms. Sonia Nigam, Adv.
Mr. Rajat Das Gupta, Adv.
Mr. Yash Dubey, Adv.
Mr. Vishal Sinha, Adv.
Mr. Akarsh Sharma, Adv.
M/s. Karanjawala & Co., AOR
For Respondent(s)
Mr. Huzefa Ahmadi, Sr. Adv.
Ms. Liz Mathew, AOR
Ms. Lakshmi Menon, Adv.
Mr. Rohan Sharma, Adv.
Ms. Mallika Agarwal, Adv.
Mr. Nisarg Bhardwaj, Adv.
Dr. Abhishek Manu Singhvi, Sr. Adv.
Mr. Maninder Singh, Sr. Adv.
Mr. Rahul Balaji, Adv.
Mr. Vishnu Mohan, Adv.
Mr. Rangasaran Mohan, Adv.
Mr. L. Sudhakar Reddy, Adv.
Signature Not Verified
Mr. Amit Bhandari, Adv.
Digitally signed by
Deepak Guglani
Date: 2023.09.26
Mr. Ajay Sabharwal, Adv.
17:53:44 IST
Reason: Mr. Pratibhanu Singh Kharola, Adv.
Mr. Ravi Raghunath, AOR
Mr. Ajay Gaggar, Adv.
Ms. Anindita Mitra, AOR
UPON hearing the counsel the Court made the following
O R D E R
I.A. Nos. 154206/2023 and 154249/2023 Learned Senior Advocate appearing for the applicants seeks permission to withdraw the present applications with liberty to move an application(s) before the National Company Law Tribunal.
Taking the statement on record and without expressing any opinion on the merits, the applications are dismissed as withdrawn with liberty as prayed.
Learned Senior Advocate appearing for respondent no. 2 - Resolution Professional/Interim Resolution Professional states that a writ petition has already been filed before the High Court of Karnataka, challenging the action of the Enforcement Directorate. Notice has been issued in the said writ petition.
We deem it appropriate to clarify that we have not examined the issue of jurisdiction or the forum, where applicants can raise the issue.
We must also record that the learned Senior Advocate appearing for respondent no. 1 – Sunstar Hotels and Estates Private Limited has raised objection to the locus of the applicants. As the applications have been dismissed as withdrawn with liberty as prayed for, we express no opinion in this regard.
List the appeal for final hearing/disposal on a non- miscellaneous day in the month of November 2023.
Interim order dated 17.04.2023 shall continue to operate till the next date of hearing.
(DEEPAK GUGLANI) (R.S. NARAYANAN) AR-cum-PS ASSISTANT REGISTRAR