Supreme Court - Daily Orders
Subhankar Bhowmik vs Union Of India on 14 November, 2022
Bench: Sanjay Kishan Kaul, Abhay S. Oka
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.6928/2022
KALPATARU PROPERTIES PVT. LTD. APPELLANT
VERSUS
INDIABULLS HOUSING FINANCE LTD. & ORS. RESPONDENT
WITH
CIVIL APPEAL NO.7050/2022
O R D E R
CIVIL APPEAL NO.6928/2022 Dismissed as withdrawn.
C.A. No. 7050/2022 Learned senior counsel for the appellant, on instructions states that the appellant is willing to bring in the money in terms of the arbitral award, approximately Rs. 75.30 crores in the corporate creditors’ account and the Resolution Professional will execute the sale deed on the said amount being so deposited. He submits on instructions that the amount will be deposited within 10 days. Signature Not Verified On the aforesaid statement taken on record, Digitally signed by ASHA SUNDRIYAL Date: 2022.11.15 17:03:45 IST Reason: learned counsel for respondent No.1 who is the appellant before the NCLAT submits that if the 2 amount is brought in, the sale deed can be executed by the Resolution Professional and the appeal filed by the respondent No.1 before the NCLAT would stand withdrawn.
In view of the aforesaid, we direct as under:
1) The amount be deposited within a period of 10 days stipulated, as aforesaid;
2) On the amount being deposited, the Company Appeal (AT) (Ins)No.880/2021 before the NCLAT, filed by respondent No.1 shall stand dismissed as withdrawn;
3) The Resolution Professional shall execute the sale deed in favour of the appellant within a period of 10 days of the deposit of the amount;
4) In view of the aforesaid agreement arrived at, no impediment should be created to the execution of the same.3
The appeal stands disposed of in terms aforesaid.
……………………………………...J. [SANJAY KISHAN KAUL] ……………………………………...J. [ABHAY S. OKA] NEW DELHI;
NOVEMBER 14, 2022.
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ITEM NO.6 COURT NO.2 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 17005/2022
(Arising out of impugned final judgment and order dated 21-09-2022 in RP No. 26/2022 in WP(C)(PIL) No.4/2022 passed by the High Court Of Tripura At Agarthala) SUBHANKAR BHOWMIK Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) IA No. 143633/2022 - EXEMPTION FROM FILING AFFIDAVIT IA No. 143630/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) WITH C.A. No. 6928/2022 (XVII) ( IA No.144447/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.144446/2022-EX-PARTE STAY) C.A. No. 7050/2022 (XVII) ( IA No.148872/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.148869/2022-EX-PARTE STAY and IA No.148871/2022- APPROPRIATE ORDERS/DIRECTIONS) Date : 14-11-2022 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE ABHAY S. OKA For Petitioner(s) Mr. Mukul Rohatgi, Sr. Adv. CA No.6829/2022 & Mr. Parag Tripathi, Sr. Adv. 7050/2022 Mr. Mahesh Agarwal, Adv.
Mr. C. Rashmikant, Adv.
Mr. Sunil Mittal, Adv.
Ms. Anu Tiwari, Adv.
Mr. Arshit Anand, Adv.
Ms. Mishika Bajpai, Adv.
Ms. Namrata Shah, Adv.
Ms. Nidhi Malhotra, Adv.
Mr. Praveen Dhage, Adv.
Mr. Kyus Modi, Adv.
Mr. Sudhir Kumar, Adv.
Mr. Shamant Satiya, Adv.
Mr. E. C. Agrawala, AOR CA No.7050/2022 Dr. Sunil Mittal,Adv.5
Ms. Anu Tiwari, Adv.
Mr. Sudhir Kumar, Adv.
SLP[C] 17005/2022 Mr. Karan Bharihoke, Adv.
Mr. Nikilesh Ramachandran, AOR For Respondent(s) Mr. Vikram Nankani, Sr. Adv. CA No.6829/2022 & Mr. Ashish Batra, AOR 7050/2022 UPON hearing the counsel the Court made the following O R D E R SLP (C) No.17005/2022 Dismissed as withdrawn.CIVIL APPEAL NO.6928/2022
Dismissed as withdrawn in terms of the signed order C.A. No. 7050/2022 The appeal stands disposed of in terms of the signed order.
Pending applications stand disposed of.
(ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) [Common signed order in CA No.6928/2022 and CA No.7050/2022 is placed on the file]