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
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
Resolution Plans within the deadline stipulated by
the NCLAT vide order dated 06.08.2018.
(ix) In the 18th Meeting held on 14.08.2018 the plans
submitted ... Supreme
Court.
3. Being aggrieved by the said impugned Judgment and
Order of NCLAT, these appeals have been filed by the
Appellants as stated hereinabove
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
Court
invoking the writ jurisdiction without even disclosing the NCLT and
NCLAT orders in the Writ Petition. He further states that the stay that ... stipulates that "any person" who is
aggrieved by the order of Nclat may file an appeal
before the Supreme Court within the prescribed
Defendant had sought a
clarification from the NCLAT, however the NCLAT has reiterated its
order dated 15th October 2018.
7. Mr. Jagtiani also submits that ... application sought by the Defendant before the NCLAT, the NCLAT
has observed that the order dated 15 th October 2018 has already been
confirmed
against the final judgment and order dated
1
For short, “the first impugned order”
2
For short, “the NCLAT”
3
12.08.20213 passed by the NCLAT ... qualify as genuine
stakeholders affected by insolvency.
(vi) The NCLAT, by order dated 17.11.2020 in Company Appeal (AT)(Ins)
No.83 of 2020, directed initiation
filed against the order dated 14.12.2022 passed by the
National Company Law Appellate Tribunal1. By the said order, the NCLAT has
allowed interlocutory application bearing ... Order and in case of non-pronouncement of the Order
when the hearing concludes, the date on which the Order is pronounced or
uploaded
that the order of NCLAT could be complied with.
26. On 16.10.2023, the NCLAT again passed an order directing all concerned stakeholders to take steps ... orders of the NCLT being passed under the Insolvency and Bankruptcy Code, 201620 i.e. a Central Act, hence, the orders of NCLT and NCLAT
impugned
order and vide order dated 28th October, 2024, the Predecessor Bench of
this Court passed the following orders:
"12. Upon a perusal ... appellant and other directors of ECL have violated the restraining
orders of NCLAT by taking unilateral decisions without the approval of
the learned Observer
