Supreme Court - Daily Orders
M/S Spartek Ceramics India Ltd. vs Union Of India on 25 October, 2018
Bench: Rohinton Fali Nariman, Navin Sinha
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL Nos. 72917292 OF 2018
M/S SPARTEK CERAMICS INDIA LTD. ... Appellant(s)
Versus
UNION OF INDIA & ORS.
... Respondent(s)
WITH
CIVIL APPEAL NO. 8247/2018
CIVIL APPEAL NO. OF 2018
(D. NO. 33241/2018)
O R D E R
1) Delay condoned.
2) Having heard learned counsel in all the three appeals
before us for some time, and having gone through the judgment
dated 28.05.2018 passed by the the National Company Law
Appellate Tribunal (NCLAT), we are of the view that the
judgment of the NCLAT holding that the appeal filed by the
Central Government in that case not maintainable in view of
the fact that the Notification dated 24.05.2017 travels
beyond the scope of the removal of difficulties provision is
correct. We are of the view that, having held that the appeal
is not maintainable, the appellate Tribunal should not have
Signature Not Verified
adjudicated upon either the limitation aspect of the case or
Digitally signed by R
NATARAJAN
Date: 2018.11.01
10:10:35 IST
the merits of the particular Scheme before it.
Reason:
Therefore,
while upholding the judgment passed by the appellate Tribunal
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on the ground that the appeal itself was not maintainable, we
set aside the judgment insofar as it purports to deal with
the limitation aspect of the case and the merits including
the declaration of the Scheme as being illegal.
3) Insofar as Civil Appeal No. 8247 of 2018 and Civil
Appeal D. No. 33241/2018 are concerned, it is clear that on
the facts in these cases, originally, the appellants had
approached the High Court of Delhi in writ petitions. The
High Court of Delhi, by judgment dated 22.02.2018 (as
modified by order dated 17.04.2018) and 14.09.2017,
respectively, ordered the parties to avail of the alternative
remedy of filing an appeal before the NCLAT in view of the
Notification dated 24.05.2017 which was done by the
appellants in these appeals.
4) As the impugned judgment dated 28.05.2018 has set aside
this Notification, and which has been upheld by us, the
NCLAT, in both these cases, has dismissed the two appeals so
filed, following the main judgment of 28.05.2018. This being
the case, we revive the two writ petitions that had been
before the High Court of Delhi in both the appeals before us
with liberty to the appellants to amend the aforesaid writ
petitions within a period of four weeks from today.
5) We request the High Court of Delhi to take up the writ
petitions at the earliest. It is made clear that pleadings
may be completed in both the writ petitions expeditiously,
and all points available in fact and law to all parties shall
be kept open.
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6) With these observations, the appeals are disposed of.
7) Pending applications shall stand disposed of.
…….......................J.
(ROHINTON FALI NARIMAN)
….........................J.
(NAVIN SINHA)
New Delhi,
Dated: October 25, 2018.
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ITEM NO.13 COURT NO.8 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(s). 7291-7292/2018
M/S SPARTEK CERAMICS INDIA LTD. Appellant(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(FOR ADMISSION and I.R. and IA No.104554/2018-STAY APPLICATION)
WITH
C.A. No. 8247/2018 (XVII)
(IA No.114442/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT)
Diary No(s). 33241/2018 (XVII)
(FOR ADMISSION and IA No.136889/2018-CONDONATION OF DELAY IN FILING
APPEAL)
Date : 25-10-2018 These appeals were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
HON'BLE MR. JUSTICE NAVIN SINHA
For Parties: Mr. P.S. Narsimha, ASG
Mr. Rupesh Kumar, Adv.
Ms. Niranjana Singh, Adv.
Mr. Rohit Rao, Adv.
Mrs. Anil Katiyar, AOR
Mr. Akshat Kumar, AOR
Mr. Amar Dave, Adv.
Mr. Ajay Bhargava, Adv.
Mr. Rajeev Shankar Bhatnagar, Adv.
Mr. Ratnil Chauhan, Adv.
Ms. Meherunnisa Anand, Adv.
M/s. Khaitan & Co., AOR
Mr. Pulkit Deora, Adv.
Ms. Sneha Bharti, Adv.
Ms. Mayuri Raghuvanshi, AOR
Mr. Shyam Divan, Sr. Adv.
Mr. Akshat Kumar, AOR
Mr. Ajay K. Jain, Adv.
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Mr. Atanu Mukherjee, Adv.
Mr. Yash Karan Jain, Adv.
Mr. Neeraj Chaudhary, Adv.
Mr. K.K.R. Das, Adv.
Ms. Mayuri Raghuvanshi, AOR
Mr. Sachin Sharma, Adv.
Mr. Arvind Kumar Sharma, AOR
Mr. Deepak Biswas, Adv.
Ms. Sanya Dua, Adv.
Ms. Anannya Ghosh, AOR
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
The civil appeals are disposed of in terms of the signed order.
Pending applications shall stand disposed of.
(MANAV SHARMA) (TAPAN KUMAR CHAKRABORTY) COURT MASTER (SH) BRANCH OFFICER (Signed order is placed on the file.)