Supreme Court - Daily Orders
Cascade Energy Pvt. Ltd. vs M/S. Archer Power Systems Pvt. Ltd. on 7 May, 2018
Author: Chief Justice
Bench: Chief Justice, A.M. Khanwilkar, D.Y. Chandrachud
MA 1287/2018
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
MISCELLANEOUS APPLICATION NO. 1287/2018
IN
CIVIL APPEAL No. 9388/2017
CASCADE ENERGY PTE. LTD. Appellant
VERSUS
M/S. ARCHER POWER SYSTEMS PVT. LTD. & ORS. Respondents
O R D E R
This is an application for direction. Heard Mr. Sanjay Hegde, learned senior counsel appearing for the applicant and Mr. Rana Mukherjee, learned senior counsel for the respondents.
This court while disposing of Civil Appeal No. 9388/2017 had passed the folloowing order:-
“As the said aspect has not been addressed by the NCLAT, we are compelled to allow the appeal and set aside the order passed by the NCLAT and direct the NCLAT to decide the appeal within four weeks from today. The parties are at liberty to raise their respective contentions on the basis of the materials produced before the NCLT.
When we are remanding the matter to the NCLAT, the main proceeding before the NCLT shall remain stayed till the NCLAT decides with regard to the justifiability of the interim order. The NCLAT may be well advised to deal with the issue of maintainability of the original proceedings or that comes within the sweep of prima facie case for entertaining the prayer for interim relief.” Signature Not Verified Digitally signed by DEEPAK GUGLANI Date: 2018.05.09 It is submitted by Mr. Hegde, learned senior 16:17:11 IST Reason: counsel that the NCLAT has not yet disposed of the appeal against the interim order passed by the NCLT.MA 1287/2018 2
Keeping in view our earlier order, we think it appropriate to direct the NCLAT to dispose of the appeal within four weeks hence. The parties therein shall not seek unnecessary adjournments.
The application is accordingly disposed of.
..................CJI [Dipak Misra] ....................J. [A.M. Khanwilkar] ....................J. [Dr. D.Y. Chandrachud] New Delhi;
May 7, 2018.
MA 1287/2018 3 ITEM NO.43 COURT NO.1 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
M.A. No. 1287/2018 in C.A. No. 9388/2017 CASCADE ENERGY PVT. LTD. Petitioner VERSUS M/s. ARCHER POWER SYSTEMS PVT. LTD. & ORS. Respondents Date : 07-05-2018 This matter was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Petitioner Mr. Sanjay Hegde, Sr. Adv. Mr. S. Nithin, Adv.
Ms. Sonali Karwasra Joon, Adv. Ms. Arunima Singh, Adv. Mr. Rajat Sabu, Adv.
Mr. Karunakar Mahalik, AOR Mr. Pranjal Kishore, Adv.
For Respondents Mr. Rana Mukherjee, Sr. Adv. Mr. Goutham Shiva Shahar, Adv. Mr. Divyesh Pratap Singh, AOR Ms. Shivangi Singh, Adv.
Mr. Abhimanue Shrestha, AOR UPON hearing the counsel the Court made the following O R D E R The M.A. is disposed of in terms of the signed order.
(Deepak Guglani) (H.S. Parasher) Court Master Assistant Registrar (signed order is placed on the file)