barred debts. The
learned senior counsel has also referred to the order of NCLAT dated
02.05.2019 in Company Appeal (AT)(Insolvency ... limitation.
15.2. The learned counsel has further contended that the impugned order
of NCLAT is correct on facts and is in consonance with the intent
certain provisions of the Code, as
well as the NCLT and NCLAT orders, after which the Civil Appeal
(Diary No. 16521 of 2019) was also ... filed against the NCLAT order
under Section 62 of the Code.
5. Dr. Abhishek Manu Singhvi, learned Senior Advocate appearing
on behalf of the Petitioners
dated 18 November 2020, this Court stayed
the operation of NCLAT’s judgment and order dated 12 December 2019. The
following issues now arise before ... order of the NCLT was set aside by the NCLAT on 12 December 2019.
The order notes:
“7. However, there is nothing on the record
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
been adverted to in detail by the
NCLAT. It was incumbent upon the NCLAT, while
reversing the order, to revert to the reasonings
employed ... support the order
of NCLAT. We find that no such document has been
considered by the NCLAT.
5. Let NCLAT consider all the documents, which
VERSUS
MR. VIJAY SITARAM DANDNAIK & ANR. ...RESPONDENT(S)
ORDER
1. The order of admission of their petition under Section 7 of the
Insolvency ... creditor of the Corporate
Debtor filed an appeal before NCLAT. By the order dated 02.03.2021
impugned in this appeal, the NCLAT set aside the order
referred to in para No. 15 of the
Hon'ble NCLAT order. It is stated that in para 29, the Hon'ble
NCLAT ... period of 12 years. In view of the
order of Hon'ble NCLAT in Babulal BardhajiGurjar Vs. Veer
Gurjar Aluminium Industries
this case, since the
impugned order [ Sesh Nath Singh v. Baidyabati Sheoraphuli Coop. Bank
Ltd. , 2019 SCC OnLine NCLAT 928] of Nclat does not proceed ... appeal is, therefore, allowed. The impugned judgment and
order of the NCLAT is set aside to the extent that the CIRP proceedings
have been closed
NCLAT. The Appeal has been dismissed by
the judgment and order impugned.
14. The NCLAT also found that the application filed by the Appellant
under ... invoked….”
39. There is no infirmity in the judgment and order of the NCLAT under
appeal that calls for interference of this Court. The appeal
this matter would be to set aside
the impugned order dated 15.12.2021 passed by NCLAT to the extent
it has allowed the application under Section ... appeal at the instance of
the corporate debtor because NCLAT had, by the impugned order,
allowed the application under Section 9 of the Code
