before the National Company Law
Tribunal, Chennai (the NCLT) seeking the initiation of Corporate Insolvency
Resolution Proceedings (CIRP) against TAQA/the Respondent herein under ... Company. The third contention of Mr.Murari was that the
judgment of the NCLT does not preclude the institution of the present
proceedings inasmuch
NCLT has got no jurisdiction to go into
the matters governed under the PMLA.
14. The Tribunal has also made reliance upon the judgment ... arbitrary proceedings. It was nobody's case that the
NCLT did not have any jurisdiction . The criminal case was also registered after the
admission
point while challenging the
jurisdiction of NCLT.
(9)Since the petitioners have raised the issue regarding jurisdiction of NCLT,
this Court probably had issued notice ... Indu Techzone Pvt Ltd and Others ]. The NCLT, in the said order,
relying upon the judgment of Hon'ble Supreme Court in Ramesh Kymal
Assn., (2010) 11 SCC 1] and it
would prevail over the later judgment in Madras Bar Assn. v. Union of
India ... also para 120(xii) for the direction in this
regard.] of the judgment in Union of India v. Madras Bar Assn
R.Ramesh vs M/S.Devi Polymers Private Ltd
Author: Rajiv Shakdher
Bench: Rajiv Shakdher
judgments, orders or decrees such as decree for specific
performance issued/awarded against Corporate Debtor before
admission of CIRP and also consequentially direct NCLT ... being strictly adhered to and the same is also hit by the
judgment of the Apex Court in the case of Committee of Creditors
Veera Kathiravan,
Additional Advocate General
assisted by Mr.S.Deenadhayalan
Standing Counsel
JUDGMENT
DR.G.JAYACHANDRAN, J.
AND
R.POORNIMA, J.
In this intra Court ... important question of
law whether or not, in view of the subsequent judgment of the Hon'ble Supreme
Court in State Tax Officer
Judgment in the " Jaipur Metals Case" extensively though the present
application has been filed only on the basis of this Judgment ... order, transfer such
proceedings to the NCLT. The proceedings so
transferred would then be dealt with by the NCLT as an
application for initiation
NCLT and
having settled the loan, the respondents are claiming that the applicant had
played fraud in obtaining the order before the NCLT. He would ... proceedings which would fall within the realm of issues
where the NCLT or NCALT has jurisdiction. Section 63 specifically excludes
that Civil Courts jurisdiction
33396 of 2019 and etc., batch
(1 st petitioner).
4.3. On 13.04.2022, NCLT passed order admitting IBA.No.49 of 2019
and thereby initiating CIRP ... judgment dated 27.06.2023, dismissed
the appeal.
4.8. On 28.07.2023, a Civil Appeal was filed before the Hon'ble
Supreme Court against the judgment dated
