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Supreme Court - Daily Orders

Central Board Of Trustees vs Rajendran Pr, Resolution Professional ... on 25 August, 2023

                                                                                CA Diary No. 26286/2023

     ITEM NO.27                                       COURT NO.3                   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 Diary No. 26286/2023

     (Arising out of impugned final judgment and order dated 17-04-2023
     in CAAT (CH) (I) No. 347/2021 passed by the National Company Law
     Appellate Tribunal, Chennai)

     CENTRAL BOARD OF TRUSTEES                                                Petitioner(s)

                                                          VERSUS

     RAJENDRAN PR, RESOLUTION PROFESSIONAL OF M/S.
     BRISTO FOOD PRIVATE LIMITED                                              Respondent(s)

     (FOR ADMISSION and IA No.160896/2023-STAY APPLICATION and IA
     No.160894/2023-CONDONATION OF DELAY IN REFILING / CURING THE
     DEFECTS)

     Date : 25-08-2023 This petition was called on for hearing today.

     CORAM :
                              HON'BLE MR. JUSTICE SANJIV KHANNA
                              HON'BLE MR. JUSTICE S.V.N. BHATTI

     For Petitioner(s)
                                         Ms. Archana Pathak Dave, AOR
                                         Mr. Kumar Prashant, Adv.
                                         Mr. Avnish Dave, Adv.
                                         Mr. Parmod Kumar Vishnoi, Adv.
                                         Ms. Riya Sethi, Adv.

     For Respondent(s)

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

Delay condoned.

It is submitted that the judgment/order dated 29.01.2021 passed by the National Company Law Tribunal (NCLT), Kochi Bench, Kerala was challenged before the National Company Law Appellate Signature Not Verified Digitally signed by Deepak Guglani Date: 2023.08.26 Tribunal (NCLAT) at Chennai in the appeal filed on 15.12.2021. 13:03:53 IST Reason:

It is further stated that in terms of the directions given by this Court, the period between 15.03.2020 and 28.02.2022 should be CA Diary No. 26286/2023 excluded for the purpose of computation of limitation. Hence, the NCLAT was wrong in dismissing the appeal as barred by limitation. Issue notice returnable in the month of November 2023.

(DEEPAK GUGLANI)                                (R.S. NARAYANAN)
   AR-cum-PS                                  ASSISTANT REGISTRAR