preferred an
appeal therefrom before the National Company Law Appellate
Tribunal (NCLAT). In such appeal the first petitioner had
submitted that, the first petitioner ... preferred an appeal against the order dated
January 30, 2017 before the NCLAT. Such appeal has since
been disposed of. It did not press such
January 2023 of the National Company Law Appellate
Tribunal.2 The NCLAT dismissed the appeal against the order of the National Company
Law Tribunal3 ... NEETA SAPRA
Date: 2023.05.08
18:59:57 IST
Reason:
1
“IBC”
2
“NCLAT”
3
“NCLT”
2
2022. On 2 September 2022, the appellant filed
carried in appeal to the National Company Law Appellate Tribunal (Delhi)
('NCLAT' for brevity) and the same came to be disposed ... NCLAT by
an order dated 29.08.2018 dismissing the appeal. In other words, the
aforesaid order of NCLT, Chennai was confirmed by NCLAT.
19. Learned senior
with Rule 31 of the National Company Law Appellate Tribunal Rules, 2016
(NCLAT Rules) seeking a direction to set aside the Impugned Order dated ... Learned Counsel submitted that Rule 11 of the NCLAT Rules, 2016,
cannot be resorted to in this case as Section
empower National Company
Law Appellate Tribunal (hereinafter referred to as "NCLAT")
to hear an appeal against the order passed by the Board ... Whether the provision to prefer the appeal within ninety-
days before the NCLAT, as made by the Central Government
Notification dated 25th
Jitendra Virmani Vs.
MRO-TEK Realty Ltd. & Ors. , ( 2017) SCC Online NCLAT 7" and "Arul
Muthu Kumaara Samy Vs. Register of Companies ... OnLine
NCLAT 671", resulting into reference to larger bench on the two questions,
as noted above.
4. Similarly, in all other three appeals which
financial
creditors; and about the correctness of the view taken by the NCLAT
that the percentage of voting share of the financial creditors
specified ... Code.
43. For the same reason, even the jurisdiction of the NCLAT being
in continuation of the proceedings would be circumscribed in that
regard
creature of statute. The
provisions investing jurisdiction and authority in NCLT
or NCLAT as noticed earlier, have not made the commercial
decision exercised ... would be permissible. Further, the jurisdiction bestowed upon the
appellate authority (NCLAT) is also expressly circumscribed. It can
examine the challenge only in relation
dated 22.11.2021 passed by the National Company
Law Appellate Tribunal, New Delhi (“NCLAT”) in Company Appeal
(AT) (Insolvency) No. 236 of 2021. Vide the impugned ... judgment,
the NCLAT has allowed the appeal filed by the respondent against
the order of the National Company Law Tribunal, Ahmedabad
(“NCLT”) /Adjudicating Authority whereby
were
filed against the NCLT order. The National Company Law Appellate
Tribunal [“NCLAT”], by order dated 30.05.2018, stayed the orders
dated 15.05.2018 and 18.05.2018 passed ... Senior Advocate appearing on
behalf of Ericsson, painstakingly took us through the NCLAT order
dated 30.05.2018 as well as our orders. According to the learned
