Delhi High Court - Orders
National Highway Authority Of India vs Unitech -Ncc (Jv) on 28 April, 2022
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~46
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 23/2017
NATIONAL HIGHWAY AUTHORITY OF INDIA ..... Petitioner
Through: Mr. Siddharth Pandey, Advocate.
versus
UNITECH -NCC (JV) ..... Respondent
Through: Ms. Priya Kumar, Advocate with Mr.
Arpit Sharma, Advocate.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 28.04.2022 A request for an adjournment is received on behalf of Mr. Vikas Goel, learned counsel for the petitioner, who is stated to be unavailable today.
Ms. Priya Kumar, learned counsel for the respondent/Unitech-NCC (JV), points-out that the matter relates back to 2011 and several adjournments have previously been sought by the petitioner.
At request, re-notify on 2nd September 2022.
ANUP JAIRAM BHAMBHANI, J APRIL 28, 2022 Ne At 2:30 p.m. At this stage, Ms. Anubha Agrawal, learned counsel for M/s Unitech Ltd. appears and submits that in the proceedings in Civil Appeal No.10856/2016 titled Bhupinder Singh vs. Unitech Ltd., the Hon'ble Signature Not Verified Digitally Signed OMP (COMM.) 23/2017 Page 1 of 2 By:SUNITA RAWAT Signing Date:30.04.2022 16:53:52 Supreme Court has superseded the then Board of Directors of M/s Unitech Ltd, and has appointed a new Board of Directors. It is further pointed-out that in the said proceedings, vidé order dated 20.01.2020, the Hon'ble Supreme Court has also directed as follows:
"(vii) Pending further orders of this Court, there shall be a moratorium against the institution of proceedings against Unitech Limited and its subsidiaries. The moratorium shall also extend to existing proceedings against the company as well as the enforcement of orders that may have been passed against the company;"
By a subsequent order dated 24.03.2021, to facilitate the control and management of the new Board of Directors, the Hon'ble Supreme Court has further directed as follows:
"2. ...
(1) The new Board shall be responsible for the management and control of the Unitech Group (including all its affiliates, trusts, subsidiaries etc.). The Order passed by this Court dated 20 January 2020 is applicable to all group entities of Unitech Ltd. The management is authorized to appoint and remove Directors/Trustees of its subsidiariers/trusts etc;"
In view of the above, it is evident that any further proceedings in the present matter cannot go on while the moratorium imposed by the Hon'ble Supreme Court is in place.
Re-notify on 2nd September 2022.
ANUP JAIRAM BHAMBHANI, J APRIL 28, 2022 Ne Signature Not Verified Digitally Signed OMP (COMM.) 23/2017 Page 2 of 2 By:SUNITA RAWAT Signing Date:30.04.2022 16:53:52