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
said application till the passing of the impugned order
by the NCLAT are mentioned herein below:
10.02.2017 → The appellant filed the application under
Section ... admission/order.
19) After analysing the provision of fourteen days time within
which the adjudicating authority is to pass the order, the NCLAT
immediately jumped
appoint an IRP by such
order. Such order was assailed by the first petitioner before the
NCLAT. In such appeal, the first petitioner ... order.
It would be open to the parties to agitate their respective
grievances with regard to any order of NCLT or NCLAT as the
case
matter has since been settled amicably between the
parties.
In an earlier order dated 24.07.2017, this Bench
had observed that in view of Rule ... record the
settlement between the parties and set aside the NCLAT
order.
As a result, the appeal is allowed in the aforesaid
terms.
A copy
said application till the passing of the impugned order
by the NCLAT are mentioned herein below:
10.02.2017 → The appellant filed the application under
Section ... admission/order.
19) After analysing the provision of fourteen days time within
which the adjudicating authority is to pass the order, the NCLAT
immediately jumped
Company petition in order to
decide whether such amendment would be within the period of
limitation.
By the order of the NCLAT impugned ... parties, we
are of the view that the NCLAT's order is not correct.
First and foremost, it is important to extract Rules
adjudicated by the NCLAT. The NCLAT is also required to
consider from the materials brought on record whether the interim
order for regulating the conduct ... NCLAT, the main
proceeding before the NCLT shall remain stayed till the NCLAT
decides with regard to the justifiability of the interim order.
The NCLAT
National Company Law Appellate Tribunal (NCLAT)
order has essentially allowed the appeal on the ground
that since no notice given by the tribunal ... natural justice would be violated.
In the course of its judgment, the NCLAT stated
that other records such as Unsecured Loan Agreement
dated
dismissed on that score. Also, according to
the learned senior counsel, the NCLAT was right in following
the judgment contained in Smart Timing Steel ... which,
11
according to the learned senior counsel, has merged in an
order of this Court dismissing an appeal from the said
judgment .
9. According
inherent powers to the review and recall the impugned order as the
Registrar of the NCLAT, after 7 days' period of removal of defects ... NCLAT Rules.
11. Rule 26 of NCLAT Rules 2016 relate to filing and scrutiny of appeal etc.
Sub-Rule (2) of Rule 26 of NCLAT
