judgment of the Madras High
Court in Rohit Nath vs. KEB Hana Bank Ltd. , decided on 30.03.2023
as well as two judgments of NCLT, Kolkata ... before NCLT for initiation insolvency resolution
process. Coming to the judgment of the NCLT, Kolkata in Tata Capital
Financial Services Ltd. vs. Arjun Agarwal
judgment of the Madras High
Court in Rohit Nath vs. KEB Hana Bank Ltd. , decided on 30.03.2023
as well as two judgments of NCLT, Kolkata ... before NCLT for initiation insolvency resolution
process. Coming to the judgment of the NCLT, Kolkata in Tata Capital
Financial Services Ltd. vs. Arjun Agarwal
placed reliance on
certain judgments of NCLT Mumbai, NCLT Delhi Bench on the Notification
dated 24.05.2017. The judgment of NCLT Ahmedabad in Surendra Singh
Hada ... dealt with by us in preceding paragraph of this judgment. The
judgment of the NCLT Mumbai Bench dated 13.10.2017 in S.M. Dyechem
Company Appeal
12017/2020 JUDGMENT
Registrar, NCLT, Delhi) hear the matter afresh denovo. In view of the
aforesaid joint request, this Court directed Special Bench of NCLT ... 12017/2020 JUDGMENT
Registrar, NCLT directed that NCLT Indore Bench at Ahmedabad to be
presided over by the judicial and technical members named therein
directing
majority. After several proceedings before the
NCLT and the NCLAT, the NCLT, by its judgment dated 08.03.2019
disposed of the application to allow the resolution ... repayment to his client. It is only after the NCLT
judgment when INR 1,000 crores extra was paid by ArcelorMittal for
operational creditors generally
behalf
of the appellant, has assailed the impugned judgment, arguing that the
majority judgment of the Full Bench of the NCLAT in V. Padmakumar
(supra ... Limitation Act ”) to the
Code has been deliberated upon in several
judgments of NCLT and NCLAT. The existing
jurisprudence on this subject indicates that
party.
30. The objection regarding limitation has been negatived by the
NCLT vide judgment dated 06.12.2019. It observed in paragraph
7 of its judgment ... Limitation Act ”) to the Code has been
deliberated upon in several judgments of NCLT
and NCLAT. The existing jurisprudence on this
subject indicates that
against an order dated
3 July 2020 of the NCLT.
41 The NCLT had dismissed an application19 filed by Kundan Care under
Section ... undergo liquidation subsequently, the termination
would be permitted.
57 The NCLT’s judgment was challenged by GUVNL in an appeal25 before the
NCLAT. By judgment
Limitation Act ”) would be applicable. He submitted, that
the judgment of NCLT was delivered on 28.11.2019; certified
copies of the same were made available ... present case, the dates are not in dispute.
The judgment of NCLT is dated 28.11.2019. As such, as per
Section
Section 36(4) which is also relied upon, particularly by the NCLT
judgment, is set out as follows:
“36. Liquidation estate.
(4) The following shall ... reference to Sections 18 and 36 , as was made by the
NCLT, becomes wholly unnecessary in deciding the scope of
Section 14(1)(d) , which
