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
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
order holding that
the actions of the HDFC and Escrow Bank in debiting the amount from the
Escrow Account violated the orders passed by NCLAT ... compliance with the order passed by former judge of this
court on July 3, 2020.
8. By the impugned order, NCLAT held that
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
constituted the Bench of the
NCLAT.
8 The Chairperson of the NCLAT shall specifically verify:
(i) That the order of this Court dated 13 October ... caption ‘for
orders’ we are pronouncing it… If you think
that we are passing order in violation of the
Supreme Court order
that the
NCLAT by its order dated 15.10.2018 has passed a moratorium
order, which is akin to a moratorium order passed under Section ... impugned Assessment Order and therefore, the writ petition is not
maintainable. He would also submit that the order passed by the NCLAT,
which the petitioner
when the NCLAT Appeal was called out
‘for judgment’, the Ld. Senior Counsel representing me
informed the Learned NCLAT about the First Order ... when the NCLAT appeal was called out for judgment, the senior
counsel representing him informed the Bench of the NCLAT of the order
which
been the intent of NCLAT to dilute the moratorium, that NCLAT would have modified or varied the order dated 20.08.2019 passed by NCLT whereby moratorium ... possession of the corporate debtor."
6.9 The relevant para of NCLAT order dated 04.02.2020 is also reproduced below :-
"21. In Corporate Insolvency Resolution
from that of the unrelated financial/operational creditors.
3. The aforesaid order of NCLAT dated 17.02.2022 is under challenge
before this Court by the resolution ... resolution
plan in question but now, looking to the order of NCLAT relating to eligibility
deficiency of the successful resolution applicant as also the deficiency
NCLAT passed order in appeal on 07.08.2018 setting aside the
order the initiation of CIRP, and Hon'ble Supreme Court vide order dated
Comp ... that was available to the corporate debtor fortuitously, when after the
NCLAT order setting aside the NCLT order on 07.08.2018 was set aside
