Indian Kanoon - Search engine for Indian Law

Supreme Court - Daily Orders

Dinesh Kumar vs Sushil Ansal on 9 October, 2020

Bench: D.Y. Chandrachud, Indu Malhotra, Indira Banerjee

                                                               1

     ITEM NO.13                       Court 3 (Video Conferencing)               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 Diary No(s).20399/2020

     (Arising out of impugned final judgment and order dated 14-08-2020
     in CAAT(I) No. 452/2020 passed by the National Company Law
     Appellate Tribunal)

     DINESH KUMAR & ORS.                                                       Appellant(s)

                                                             VERSUS

     SUSHIL ANSAL & ORS.                                                       Respondent(s)

     (IA No.98618/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT and IA No.98615/2020-EX-PARTE STAY and IA No.99104/2020-
     INTERVENTION/IMPLEADMENT and IA No.98614/2020-PERMISSION TO FILE
     APPEAL and IA No.98616/2020-APPROPRIATE ORDERS/DIRECTIONS )

     Date : 09-10-2020 This appeal was called on for hearing today.

     CORAM :
                              HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
                              HON'BLE MS. JUSTICE INDU MALHOTRA
                              HON'BLE MS. JUSTICE INDIRA BANERJEE

     For Petitioner(s)                      Mr.   Aditya   Parolia, Adv.
                                            Mr.   Piyush   Singh, Adv.
                                            Mr.   Akshay   Srivastava, Adv.
                                            Mr.   Nithin   Chandran, Adv.
                                            Mr.   Rajesh   Kumar, Adv.
                                            Mr.   Gaurav   Goel, AOR

     For Respondent(s)



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

1 Permission to file the appeal is granted.

Digitally signed by ARJUN BISHT 2 Date: 2020.10.09 17:42:24 IST

Application for impleadment is allowed.

 2 3 Learned counsel appearing on behalf of the appellants submits that relying on the judgment of the National Company Law Appellate Tribunal 1 in Sushil Ansal v Ashok Tripathi2, the appellants have been removed from the Committee of Creditors. It has been submitted that the National Company Law Tribunal and the NCLAT, being bound by the above decision, the issue as to whether the appellants as decree holders fulfill the norms prescribed for being a part of the Committee of Creditors by virtue of their being financial creditors is required to be resolved.

4 Issue notice, including to the newly added respondent, returnable in four weeks.

       (SANJAY KUMAR-I)                                (SAROJ KUMARI GAUR)
          AR-CUM-PS                                       COURT MASTER




1   NCLAT


2           Company Appeal (AT) (Insolvency) No 452 of 2020