Bank, the Respondent No.1 and the
Corporate Debtor, the NCLAT set aside the order dated 21 st March 2019
passed by the Adjudicating Authority ... restricted to questions of law, unlike
an appeal to the NCLAT from an order of the Adjudicating Authority
(NCLT), which is an appeal both
Appeal (AT) (Insolvency) No.311 of 2018, vide its
order dated 04.07.2018 Hon’ble NCLAT has observed that when
corporate debtor never accepted the component ... time value of money.”
8
8. The judgment and order of the NCLAT, affirming the
judgment and order of the Adjudicating Authority (NCLT) and
dismissing
under Section 61 of the
IBC. By the impugned judgment and order, the NCLAT has set aside
the order dated 2nd January 2019 passed ... claim, which gets barred by limitation. The impugned
order of the NCLAT is unsustainable in law.
30. The appeal is allowed. The impugned order
there was a recovery from
the Appellant.
26. In the impugned order, NCLAT set out a communication dated
02.01.2014 from HBL to the Appellant giving ... find no grounds to interfere with the judgment and
order of the NCLAT impugned in this appeal.
34. The appeal is dismissed.
35. Needles
National Company
Law Appellate Tribunal (NCLAT).
By the aforesaid order, the NCLAT concluded the hearing before it and
reserved the judgment. The judgment ... resolution, till disposal of the appeal by the NCLAT.
3
We request the NCLAT to dispose of the appeal as early as
possible.
Pending applications
NCLT, Guwahati,
3
admitting the application under Section 7. The
NCLAT by order dated 24.11.2019 dismissed the
appeal interalia holding that the application
under Section ... petition under Section 7 the same
was dismissed by the NCLAT. The appellate order
was undoubtedly set aside by this court and the
appeal remanded
there was a recovery from
the Appellant.
26. In the impugned order, NCLAT set out a communication dated
02.01.2014 from HBL to the Appellant giving ... find no grounds to interfere with the judgment and
order of the NCLAT impugned in this appeal.
34. The appeal is dismissed.
35. Needles
adjudicating authority
could not have been the basis of the order of admission. The NCLAT also
wrongly recorded that there was no further evidence ... made.
8. For all these reasons, we set aside the NCLAT order and restore
that of the NCLT. The resolution proceedings will continue from
Company Law Appellate Tribunal (NCLAT) against the order dated
02.12.2019. By an order dated 09.12.2019, the NCLAT stayed the
order dated 02.12.2019.
Since the Appellant ... this Court stayed further proceedings in
the NCLT/NCLAT until further orders of this Court. The Appellant
is neither able to approach the NCLT
order of this Court dated 9 October 2020, the following interim
directions were issued:
(i) The operation of the impugned order of the NCLAT dated ... 3299/2020
3
2 By the order of this Court dated 9 October 2020, the order of the NCLAT
dated 8 September 2020 was stayed
