Supreme Court - Daily Orders
Amit Wadhwani vs M/S Global Advertisers on 19 May, 2022
Bench: Dinesh Maheshwari, Aniruddha Bose
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 907 OF 2022
AMIT WADHWANI Appellant(s)
VERSUS
M/S GLOBAL ADVERTISERS & ORS. Respondent(s)
O R D E R
Having heard learned counsel for the parties and having perused the material placed on record, we are of the view that not much dilation on the factual aspects and even legal submissions of either of the parties is required in the present matter that relates only to the prayer for interim relief during the pendency of the appeal, being Company Appeal (AT) No. 616 of 2021 before the National Company Law Appellate Tribunal, New Delhi, Principal Bench (‘the Appellate Tribunal’).
The matter arises out of corporate insolvency resolution process(‘CIRP’) initiated at the instance of the respondent, said to be an operational creditor. The appellant, the corporate debtor, seeks to submit that reconciliation of accounts was required and in any case, dispute being existing, CIRP in terms of Section 9 of the Insolvency and Bankruptcy Code, 2016 (‘the Code’) could not have been taken up at the Signature Not Verified Digitally signed by Dr. Mukesh Nasa Date: 2022.05.20 19:13:27 IST Reason: instance of the respondent.
It is noticed that this is second round of litigation in this Court only in relation to the prayer for interim relief 2 during the pendency of the said appeal. The matter was earlier before this Court in Civil Appeal No. 4967 of 2021. Therein, it was noticed on the submissions made on behalf of the appellant that a suitable order on the said prayer was required to be passed by the Appellate Tribunal.
This Court, while preponing the date of consideration by the Appellate Tribunal, required that the suitable orders be considered on the prayer for stay and the matter was ordered to be taken up on 07.09.2021. It appears that the matter was heard on 07.09.2021 when a weeks’ time was granted to the contesting respondent for filling reply and the resolution professional was directed not to take further steps till the next date of hearing.
Then, it appears that the Appellate Tribunal was poised even to hear the appeal finally on 24.09.2021 but, the learned counsel appearing for the appellant showed inclination for hearing only on the prayer for interim relief. The Appellate Tribunal, after taking note of the respective arguments and a brief reference to the facts of the case, opined against existence of prima facie case against the appellant. The decision of this Court in the case of Mobilox Innovations Private Ltd. v. Kirusa Software Private Ltd.: (2018) 1 SCC 353 was cited to which, the Appellate Tribunal observed that the applicability of the said decision would be “more relevant at the final hearing of the appeal”.
This appeal against the said order dated 24.09.2021 was entertained by this Court on 14.02.2022 and while issuing 3 notice, operation of the impugned orders was stayed. That position has hitherto continued but, with a slight modification as ordered on 25.03.2022, that the appellant would also not dispose of any of its immovable assets.
Though, a variety of submissions are sought to be made by the learned counsel for the contesting parties but, we are of the view that adjudication on any factual controversies or on the rival legal prepositions is not necessary in this appeal, particularly in view of the fact that the main appeal remains pending before the Appellate Tribunal and all the relevant aspects of the matter are to be examined in the said appeal. As noticed, the Appellate Tribunal was ready to hear the appeal finally even on 24.09.2021.
Be that as it may, when it has been pointed out before us that the said appeal is now posted for hearing before the Appellate Tribunal on 23.05.2022, we deem it appropriate to leave all the aspects of the matter open for consideration by the Appellate Tribunal. For that matter and in the interest of justice, it appears appropriate to continue with the interim arrangement, as envisaged by the orders passed by this Court in this appeal on 14.02.2022 and 25.03.2022.
Ordered accordingly.
The appeal stands disposed of.
It goes without saying that we have not made any comments on the merits of the case either way and even the observations occurring in the impugned order dated 24.09.2021 shall also not be decisive of the consideration of the appeal on its 4 merits.
As the matter is already fixed before the Appellate Tribunal and the parties are before us, to avoid any ambiguity, we also make it clear that the parties through their respective counsel shall stand at notice to appear before the Appellate Tribunal on 23.05.2022. The interim arrangement, as indicated above, shall continue until final disposal of the appeal.
We would also request the Appellate Tribunal to assign a reasonable priority to the appeal for expeditious consideration.
…………………………………………………...J (DINESH MAHESHWARI) …………………………………………………...J (ANIRUDDHA BOSE) NEW DELHI;
MAY 19, 2022.
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ITEM NO.2 COURT NO.13 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. 907/2022
AMIT WADHWANI Appellant(s)
VERSUS
M/S GLOBAL ADVERTISERS & ORS. Respondent(s)
(IA No. 16176/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 55470/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/ FACTS /ANNEXURES IA No. 39081/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/ FACTS /ANNEXURES IA No. 16175/2022 - STAY APPLICATION IA No. 34006/2022 - VACATING STAY) Date : 19-05-2022 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE ANIRUDDHA BOSE For Appellant(s) Mr. Kush Chaturvedi, AOR Ms. Priyashree Sharma PH, Adv. Mr. Syed Farat Alam, Adv.
For Respondent(s) Mr. Mohit Chaudhar, Adv.
Mr. Girish Kedia, Adv.
Ms. Puja Sharma, Adv.
Mr. Kunal Sachdeva, Adv.
Mr. Chowdhary Zulfkarali, Adv. Mr. Balwinder Singh Suri, Adv. Ms. Mahima Ahuja, Adv.
Mr. Parveen Kumar, Adv.
M/S. Kings And Alliance Llp , AOR Mr. Aman Varma, AOR UPON hearing the counsel the Court made the following O R D E R The civil appeal is disposed of in term of the Signed Order.
All pending applications stand disposed of.
(SHRADDHA MISHRA) (RANJANA SHAILEY) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH) (Signed Order is placed on the file)