Supreme Court - Daily Orders
State Bank Of India vs Moser Baer Karamachari Union on 7 February, 2023
Bench: B.R. Gavai, Vikram Nath
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.258 OF 2020
STATE BANK OF INDIA ...Appellant(s)
Vs.
MOSER BAER KARAMACHARI UNION
& ANR. ...Respondent(s)
WITH
CIVIL APPEAL No. 2520 OF 2020
O R D E R
CIVIL APPEAL NO.258 OF 2020 Applications for impleadment/intervention are allowed.
We have heard the learned counsel for the parties and perused the record. We do not see any cogent reason to entertain the appeal. The judgment impugned does not warrant any interference.
The appeal is accordingly dismissed. CIVIL APPEAL No. 2520 OF 2020 By order of even date passed in Civil Appeal No.258 of 2020, we have dismissed the appeal, thereby affirming the Signature Not Verified Digitally signed by Anita Malhotra Date: 2023.02.11 13:39:48 IST Reason: 1 judgment and order dated 19th August, 2019 passed by the National Company Law Appellate Tribunal ("NCLAT" for short) in Company Appeal No.396 of 2019.
The order impugned in the present appeal passed by the learned NCLAT is in ignorance of its earlier order dated 19th August, 2019 which is affirmed by us in Civil Appeal No.258 of 2020.
In that view of the matter, this appeal deserves to be allowed. The impugned order passed by the learned NCLAT is quashed and set aside, and the order passed by the National Company Law Tribunal is restored.
......................J. [B.R.GAVAI] ......................J. [VIKRAM NATH] New Delhi;
February 07, 2023.
2 ITEM NO.27 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). 258/2020 STATE BANK OF INDIA Appellant(s) VERSUS MOSER BAER KARAMACHARI UNION & ANR. Respondent(s)
(IA No. 72703/2021 - CLARIFICATION/DIRECTION IA No. 187446/2019 - EX-PARTE STAY IA No. 112646/2021 - EXEMPTION FROM FILING AFFIDAVIT IA No. 112644/2021 - INTERVENTION APPLICATION IA No. 72698/2021 - INTERVENTION/IMPLEADMENT) WITH C.A. No. 2520/2020 (IA No. 52541/2020 - APPROPRIATE ORDERS/DIRECTIONS IA No. 52543/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 52544/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 07-02-2023 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE VIKRAM NATH For Appellant(s) Mr. Ankur Mittal, AOR Ms. Yashika Sharma, Adv.
Mr. Mayank Pandey, AOR For Respondent(s) Mr. S. S. Shroff, AOR Mr. Vaijayant Paliwal, Adv. Ms. Charu Bansal, Adv.
Mr. Abhishek Anand, Adv. Mr. Karan Kohli, Adv.
Mr. Sahil Bhatia, Adv. Mr. Vaibhav Mendiratta, Adv. For M/S. Mitter & Mitter Co., AOR Ms. Jane Cox, Adv.
Mr. Prasanna S., AOR Ms. Swati Arya, Adv.
Mr. Rahil Fazelbhoy, Adv.3
Mr. Swarnendu Chatterjee, AOR Ms. Deepakshi Garg,Adv. Mr. Yashwardhan Singh,Adv. Ms. Megha Saha,Adv.
Mr. Ujjal Banerjee, AOR Mr. Swapnil Gupta,Adv. Mr. Abhinav Mishra,Adv.
UPON hearing the counsel the Court made the following O R D E R Civil Appeal No.258 of 2020 is dismissed and Civil Appeal No.2520 of 2020 is allowed in terms of the signed order.
Pending applications shall stand disposed of.
(ANITA MALHOTRA) (ANJU KAPOOR) AR-CUM-PS COURT MASTER
(Signed order is placed on the file.) 4