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Mansi Brar Fernandes vs Shubha Sharma on 11 December, 2020

Bench: D.Y. Chandrachud, M.R. Shah

                                                               1

     ITEM NO.11                          Court 3 (Video Conferencing)              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).3826/2020

     MANSI BRAR FERNANDES                                                        Appellant(s)

                                                            VERSUS

     SHUBHA SHARMA & ANR.                                                        Respondent(s)

     (WITH IA No.122376/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT   and   IA    No.122375/2020-STAY  APPLICATION   and   IA
     No.122378/2020-EXEMPTION    FROM    FILING   AFFIDAVIT   and    IA
     No.122377/2020-PERMISSION TO FILE LENGTHY LIST OF DATES and IA
     No.122374/2020-PERMISSION         TO       FILE         ADDITIONAL
     DOCUMENTS/FACTS/ANNEXURES )

     Date : 11-12-2020 This appeal was called on for hearing today.

     CORAM :
                              HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
                              HON'BLE MR. JUSTICE M.R. SHAH

     For Appellant(s)                        Mr.   K.V. Viswanathan, Sr. Adv.
                                             Mr.   Sunil Fernandes, AOR.
                                             Mr.   Darpan Sachdeva, Adv.
                                             Ms.   Nupur Kumar, Adv.
                                             Mr.   Prastut Dalvi, Adv.
                                             Mr.   Shubham Sharma, Adv

     For Respondent(s)                       Mr.   Shyam Divan, Sr. Adv.
                                             Mr.   Manmeet Singh; Adv.
                                             Mr.   Anugrah Robin Frey; Adv.
                                             Ms.   Abhilasha Khanna; Adv.
                                             Mr.   Akhil Anand, AOR


                           UPON hearing the counsel the Court made the following
                                                  O R D E R

1 Issue notice.

Digitally signed by Sanjay Kumar 2 Date: 2020.12.11 18:07:48 IST

Mr Shyam Divan, Senior Counsel appearing on caveat, with Mr Akhil Anand, Reason: Advocate-on-Record, accepts notice.

3 Counter affidavit, if any, be filed within a period of four weeks from today. 4 List the appeal on 27 January 2021.

5 While at this stage, we are not staying the operation of the order of the National Company Law Appellate Tribunal, which has reversed the order of the National Company Law Tribunal, admitting the petition under Section 7 of the Insolvency and Bankruptcy Code 2016, there shall be an ad-interim direction to the effect that the finding that the appellant is a speculative investor is confined to the facts of the present case and shall not be treated as a precedent in any other case for the present. Moreover, the correctness of the decision of the NCLAT is in challenge in the present appeal.

       (SANJAY KUMAR-I)                                  (SAROJ KUMARI GAUR)
          AR-CUM-PS                                           COURT MASTER