dated 30.05.2018,
and the three orders of this Court, these orders are set out hereunder:
The order of the NCLAT, dated 30.05.2018, states:
“These appeals ... light of the order of this Hon’ble
Court dated 3rd August, 2018, read with the order of
the Hon’ble NCLAT dated 30th
NCLAT is
subordinate to the High Court and the High Court would exercise
supervisory jurisdiction over it. Therefore, NCLAT could not have
passed the orders ... latter. It was further argued that in view of the NCLAT order of
the moratorium, the plaintiff could not bring proceedings
against ITNL and SSTL
which was subsequently
approved by the National Company Law Appellate Tribunal (NCLAT) vide order
dt. 17/02/2020.
9. It was submitted that in view ... National
Company Law Appellate Tribunal, New Delhi ("NCLAT") vide order dated
17.02.2020.
(vi) Pertinently, an intimation regarding pendency of insolvency proceedings
before
dated 22.06.2021 by which the
Resolution Plan was approved before the NCLAT. Vide order dated
21.10.2022, the NCLAT upheld the order of the NCLT dated ... vide order dated 02.02.2024 as being misconceived
in view of our previous order dated 18.01.2024. This order is reproduced
hereunder:
“ ORDER
1. The Miscellaneous Application
emphasis supplied]"
6. Comparison of the observations made in the NCLAT order and the
arbitral award reflects a conflict of interest and previous involvement ... NCLT or
by NCLAT as it stood extinguished."
[emphasis supplied]
7. The observations in the NCLAT order leave no doubt that the arbitral
award
therefore, allowed the appeals filed by KIAL.
Vide the said order, NCLAT, while setting aside
both the orders dated 28.11.2019, passed by NCLT, also
directed ... pass an order for
liquidation of the corporate debtor.
5. Being aggrieved by the aforesaid order passed by
NCLAT, four appeals have been filed before
whether the appeal was instituted within limitation. In its impugned order, NCLAT
observed that the appeal was lodged through the e-portal on 10 October ... appeal before the
9
NCLAT, F.No. 10/37/2018-NCLAT, dt. 21 October 2022
9
Appellate Tribunal. The order notices that while Rule
aforesaid UK judgment was raised before NCLAT, the validity of the same
was also raised before NCLAT and NCLAT has made certain observations
(though ... Supreme Court order. Therefore, this Commercial Division is unable to
accept the argument that the order of NCLAT and particularly Paragraphs
11 and 12 does
Additionally, there is a set of appeals arising out of the NCLAT
Order dated 28.07.2023, pertaining to the approval accorded to
the combination between HNGIL ... nature, rather than
‘mandatory’.
30. A few paragraphs from the impugned NCLAT order being relevant
are extracted herein below:
“... ... 33. The question of obtaining approval
NCLAT in Company Appeal No. 760 of 2021,
whereby the NCLAT has dismissed the Appeal of
the Appellant and confirmed the order dated
07.06.2021 passed ... NCLAT in Company
Appeal Nos.370, 376-377 and 393 of 2021,
whereby the NCLAT has set aside the order dated
19.05.2021 passed
