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Supreme Court - Daily Orders

Piyush Periwal vs Stressed Assets Stabilization Fund ... on 20 January, 2020

Bench: Arun Mishra, Indira Banerjee

                                       IN THE SUPREME COURT OF INDIA
                                       CIVIL APPELLATE JURISDICTION

                                       CIVIL APPEAL No.9142 OF 2019


     PIYUSH PERIWAL                                                                      … APPELLANT


                                                        Versus


     STRESSED ASSETS STABILIZATION FUND (SASF)                                           … RESPONDENT


                                                  O    R     D    E     R


                          Heard learned counsel for the parties.

                          It is conceded at the Bar that the date of filing of

     reference before BIFR has wrongly been noted as 21.02.2002 instead

     of 21.02.2003.

                          In    view   of   the       fact       that       the   National   Company   Law

     Appellate Tribunal (for short, `NCLAT’) noted 21.02.2002 instead of

     21.02.2003 while computing the limitation, we set aside the order

     passed by the NCLAT. We request the NCLAT to consider the matter

     afresh              in    accordance   with        law.       All       questions   including     the

     submission raised on behalf of the respondent as to effect of the

     earlier proceeding initiated in 2001/2002 are kept open.

                          The appeal stands disposed of accordingly.




                                                                        .........................J.
                                                                        (ARUN MISHRA)
Signature Not Verified

Digitally signed by
SATISH KUMAR YADAV
Date: 2020.01.23
15:26:01 IST
Reason:
                                                                        ........................J.
                                                                        (INDIRA BANERJEE)
     NEW DELHI;
     JANUARY 20, 2020.
ITEM NO.59                  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 No(s).9142/2019

PIYUSH PERIWAL                                        Appellant(s)

                                   VERSUS

STRESSED ASSETS STABILIZATION FUND (SASF)             Respondent(s)

(FOR ADMISSION and IA No.184065/2019-EX-PARTE STAY)

Date : 20-01-2020 This appeal was called on for hearing today.

CORAM :
          HON'BLE MR. JUSTICE ARUN MISHRA
          HON'BLE MS. JUSTICE INDIRA BANERJEE

For Appellant(s)     Mr.   Ranvir Singh, Adv.
                     Mr.   Abhijeet Sarkar, Adv.
                     Mr.   Manish Verma, Adv.
                     Mr.   Rishi Kumar Singh Gautam, AOR

For Respondent(s)    Mr.   Ritin Rai, Adv.
                     Ms.   Vaishali Sharma, Adv.
                     Mr.   Siddhartha Barua, Adv.
                     Ms.   Jasmine Damkewala, AOR

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

The appeal stands disposed of in terms of the signed order.

(SATISH KUMAR YADAV) (JAGDISH CHANDER) AR-CUM-PS BRANCH OFFICER (Signed order is placed on the file)