dated 30.05.2018,
and the three orders of this Court, these orders are set out hereunder:
The order of the NCLAT, dated 30.05.2018, states:
“These appeals ... light of the order of this Hon’ble
Court dated 3rd August, 2018, read with the order of
the Hon’ble NCLAT dated 30th
NCLAT under Section 61 of the IBC, 2016 and
the orders of the NCLAT are amenable to the appellate
jurisdiction of this court under Section ... merely the procedure to be followed by the NCLT and
NCLAT before passing orders. However, there are no separate
provisions in the Companies Act , exclusively
individual cases. These counsel argued, by referring copiously to
NCLT and NCLAT orders, consumer forum judgments and High
Court judgments, that the consumer fora ... Real Estate
Regulatory Authority and obtained orders against developers,
such orders were nullified by some Appellate Tribunal orders,
stating that they should be sent
interim order dated 20.03.2019 in the appeals that were
filed before NCLAT, the NCLAT directed the Committee of Creditors
to take a decision on certain ... Creditors decided - voting
having concluded on 30.03.2019 - to appeal against the NCLAT’s
order, and, by a majority of 70.73% approved making an ex gratia
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
NCLAT by the
respondentoperational creditor, by the impugned judgment and
order, the NCLAT has reversed the order passed by the NCLT,
Kolkata ... present
case, by passing the impugned judgment and order, the learned
NCLAT has erroneously relied upon Section 238 of the IBC to
hold that
impugned before the NCLAT was passed by the adjudicating
authority on 17th October, 2018. The NCLAT held that this
order failed to notice that ... regard to these
factors and circumstances, it is held that the NCLAT’s order
and directions were not justified. They are hereby set aside
individual cases. These counsel argued, by
referring copiously to NCLT and NCLAT orders,
consumer forum judgments and High Court
judgments, that the consumer fora ... Real Estate Regulatory Authority and
obtained orders against developers, such orders were
nullified by some Appellate Tribunal orders, stating
that they should be sent
appeal against this Primary
Order. The Respondents filed CA 95/2017 in National Company Law
Appellate Tribunal (NCLAT - in short) which came to be disposed ... preferred against the Order to NCLAT and so its Order merged
with the Order of NCLAT and that it has no powers of review
issued by the NCLAT, the same was never received
by the appellant herein and the NCLAT passed order without
hearing the appellant, erroneously noting that ... order of NCLAT and remanding the matter back
to the NCLAT for fresh consideration. Accordingly, we set aside
the impugned order dated 08.02.2019 passed
