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Delhi High Court - Orders

Dr. Anil Misra vs Niho Construction Limited on 16 April, 2024

Author: Dharmesh Sharma

Bench: Dharmesh Sharma

                             $~C-7 to C-12
                             *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                             +         CO.PET. 402/2014
                                       DR. ANIL MISRA                                                            ..... Petitioner
                                                                            Through:                 Ms. Shashi Panwarl and Mr.
                                                                                                     Rajaram C. Iyer, Advs.
                                                   versus
                                       NIHO CONSTRUCTION LIMITED        ..... Respondent
                                                   Through: Ms. Nehmat Sethi and Ms. Kirti
                                                             Bhardwaj, Advs.
                             C-8
                             +         CO.PET. 432/2014 & CO.APPL. 845/2018
                                       AMIT VERMA                            ..... Petitioner
                                                       Through: Ms. Shashi Panwarl and Mr.
                                                                 Rajaram C. Iyer, Advs.
                                                       versus
                                       NIHO CONSTRUCTION LTD & ORS.          ..... Respondents
                                                       Through: Ms. Nehmat Sethi and Ms. Kirti
                                                                 Bhardwaj, Advs.
                             C-9
                             +         CO.PET. 433/2014
                                       VIKSA AMIT SINGH                                                          ..... Petitioner
                                                        Through:                                     Ms. Shashi Panwarl and Mr.
                                                                                                     Rajaram C. Iyer, Advs.
                                                   versus
                                       NIHO CONTRUCTION LTD & ORS.      ..... Respondents
                                                   Through: Ms. Nehmat Sethi and Ms. Kirti
                                                             Bhardwaj, Advs.
                             C-10
                             +    CO.PET. 434/2014 & CO.APPL. 400/2018
                                  SHISHUPAL SINGH RAWAT                 ..... Petitioner
                                                  Through: Ms. Shashi Panwarl and Mr.
                                                            Rajaram C. Iyer, Advs.
                                                  versus
                                  NIHO CONSTRUCTION LTD & ORS.          ..... Respondents
                                                  Through: Ms. Nehmat Sethi and Ms. Kirti
                                                            Bhardwaj, Advs.
                             C-11
                             +    CO.PET. 435/2014 & CO.APPL. 398/2018, CO.APPL.
                                  238/2023


This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 22/04/2024 at 23:41:11
                                        SRINIVASAN SESHADRI                                                       ..... Petitioner
                                                    Through:                                         Ms. Shashi Panwarl and Mr.
                                                                                                     Rajaram C. Iyer, Advs.
                                                   versus
                                       NIHO CONTRUCTION LTD & ORS.      ..... Respondents
                                                   Through: Ms. Nehmat Sethi and Ms. Kirti
                                                             Bhardwaj, Advs.
                             C-12
                             +    CO.PET. 27/2015 & CO.APPL.                                                          130/2015,   CO.APPL.
                                  131/2015, CO.APPL. 1251/2015

                                       SOBHA LTD.                                                         ..... Petitioner
                                                    Through:                                         Mr. Amit P. Shahi, Adv.
                                                    versus
                                       NIHO CONSTRUCTION LTD.       ..... Respondent
                                                    Through: Ms. Nehmat Sethi and Ms. Kirti
                                                               Bhardwaj, Advs.
                                       CORAM:
                                       HON'BLE MR. JUSTICE DHARMESH SHARMA
                                                    ORDER

% 16.04.2024

1. This hearing is being conducted through hybrid mode.

2. Learned counsel for the petitioner in CO.PET. 27/2015 requests for an accommodation.

3. In CO.PET. 435/2014, an application bearing CO.APPL. 238/2023 moved on behalf of the petitioner is pending for consideration. Learned counsel for the respondent requests for time to file a reply and/or seek instructions with regard to the said application.

4. Learned counsels for the parties are apprised that in view of the fact that the present winding up of the proceedings have been a complete non-starter and a Provisional Liquidator is yet to be appointed by this Court, in view of the decision by the Supreme Court in the case of Action Ispat & Power (P) Ltd. v. Shyam Metalics & Energy Ltd., (2021) 2 SCC 641, these matters would be required to This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/04/2024 at 23:41:11 be transferred to the NCLT. Learned counsels for the parties request time to seek instructions.

5. Re-notify on 14.05.2024.

DHARMESH SHARMA, J.

APRIL 16, 2024 sp This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/04/2024 at 23:41:12