Hem Singh Bharana vs M/S Pawan Doot Estate Private Limited on 30 January, 2023

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Supreme Court - Daily Orders

Hem Singh Bharana vs M/S Pawan Doot Estate Private Limited on 30 January, 2023

Bench: M.M. Sundresh

                                        IN THE SUPREME COURT OF INDIA
                                         CIVIL APPELLATE JURISDICTION

                                        CIVIL APPEAL   NO.   443 OF 2023


     HEM SINGH BHARANA                                            .....          APPELLANT

                                           VERSUS

     M/S PAWAN DOOT ESTATE PRIVATE                                .....         RESPONDENTS
     LIMITED AND OTHERS


                                                O R D E R

We do not find any good ground and reason to interfere with the impugned judgment, as the appellant, in our opinion, cannot invoke Section 12A of the Insolvency and Bankruptcy Code, 2016 in the absence of requisite concurrence/consent of 90% of the creditors.

In view of the aforesaid position, the appeal is dismissed. We clarify that we have not commented on and examined the other issues which may arise for consideration.

Pending application(s), if any shall stand disposed of.

..................J. (SANJIV KHANNA) ..................J. Signature Not Verified (M.M. SUNDRESH) NEW DELHI;

Digitally signed by

NIRMALA NEGI Date: 2023.02.01 JANUARY 30, 2023.

18:21:16 IST Reason:

PS ITEM NO.46 COURT NO.7 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. 443 OF 2023 HEM SINGH BHARANA APPELLANT(S) VERSUS M/S PAWAN DOOT ESTATE PRIVATE LIMITED & ORS. RESPONDENT(S) (IA No.15103/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.16001/2023-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ) Date : 30-01-2023 This appeal was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE M.M. SUNDRESH For Appellant(s) Mr. Gopal Sankaranarayan, Sr. Adv. Mr. Vaibhav Manu Srivastava, AOR Mr. Apoorv Agarwal, Adv. Ms. Neha Buttan, Adv.

Mr. Manav Goyal, Adv.

Ms. Tanya Srivastava, Adv.

For Respondent(s) Mr. D M Naidu, Sr. Adv.

Mr. Bharat Sangal, Sr. Adv. Mr. I .p. S. Oberoi, Adv.

Mr. Maibam Nabaghanashyam Singh, AOR Mr. Sanjay Bhatt, Adv.

Ms. Ruchi Goyal, Adv.

UPON hearing the counsel, the Court made the following O R D E R The appeal is dismissed in terms of the signed order.

Pending application(s), if any, shall stand disposed of.

(POOJA SHARMA) (R.S. NARAYANAN) COURT MASTER (SH) COURT MASTER (NSH) (Signed order is placed on the file.)

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