Supreme Court - Daily Orders
Msc Mediterranean Shipping Company ... vs Ca Kananan Tiruvengadam on 14 September, 2023
ITEM NO.101 COURT NO.3 SECTION XVII
(PART HEARD)
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). 409-410/2022
MSC MEDITERRANEAN SHIPPING COMPANY S.A. Appellant(s)
VERSUS
CA KANANAN TIRUVENGADAM & ANR. Respondent(s)
(IA No. 28608/2022 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 69285/2022 - CLARIFICATION/DIRECTION
IA No. 63805/2022 - INTERVENTION/IMPLEADMENT
IA No. 105241/2022 - INTERVENTION/IMPLEADMENT
IA No. 10845/2022 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 9072/2022 - STAY APPLICATION
IA No. 85184/2022 - STAY APPLICATION)
Date : 14-09-2023 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MR. JUSTICE S.V.N. BHATTI
For Appellant(s)
Ms. Pallavi Langar, AOR
For Respondent(s)
Mr. N. Venkatraman, A.S.G.
Ms. Deepabali Dutta, Sr. Adv.
Mr. Mukesh Kumar Maroria, AOR
Mr. Annirudh Sharma Ii, Adv.
Mr. Navanjay Mahapatra, Adv.
Mr. V.C. Bharati, Adv.
Ms. Alka Agarwal, Adv.
Mr. C A Sundaram, Sr. Adv.
Ms. Rohini Musa, AOR
Mr. Abhishek Gupta, Adv.
Mr. Zafar Inayat, Adv.
Signature Not Verified
Digitally signed by
Narendra Prasad
Date: 2023.09.14
M/S. Khaitan & Co., AOR
17:30:08 IST
Reason:
Mr. Vishwanath Patil, Adv.
Mr. Satyajit A Desai, Adv.
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Mr. Siddharth Gautam, Adv.
Mr. Abhinav K. Mutyalwar, Adv.
Mr. Gajanan N Tirthkar, Adv.
Mr. Vijay Raj Singh Chouhan, Adv.
Ms. Anagha S. Desai, AOR
Mr. Mainak Bose, Adv.
Mr. Shovon Ghosh, Adv.
Mr. Anand Sukumar, AOR
Mr. Akshat Agarwal, Adv.
Mr. S Sukumaran, Adv.
Mr. Bhupesh Pathak, Adv.
UPON hearing the counsel the Court made the following
O R D E R
During the course of hearing our attention is drawn to the penultimate sentence in the impugned judgment and order dated 10.09.2021, which reads as under:-
“...in the interest of justice, we hope and trust that the balance goods in the 667 containers is acted upon at the earliest, if not already done, to necessitate smooth functioning of the ‘Corporate Debtor’ as a going concern.” One of the contentions raised by M/s. Maersk Line India Private Limited is that the said directions are issued without any notice or hearing them.
Before we delve further into the issue, we would like the Resolution Professional/Liquidator to file an affidavit in this Court, within a week from today, stating clearly whether the consignor had negotiated the letters of credit and had been paid, and whether the corporate debtor had acquired original Bill of Lading from the bankers. In other words, the Resolution Professional/Liquidator will state on oath the documents available to show that the title of the corporate debtor on the goods in the 667 containers.
The affidavit will also state the date on which the Resolution Professional/Liquidator had written to the Customs Authorities for sale of the goods contained in 667 containers.
2Response to the said affidavit may be filed within a week thereafter.
Re-list after two weeks.
(NARENDRA PRASAD) (R.S. NARAYANAN)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
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