including assets and liabilities, takes place. Learned counsel
harps on the NCLT judgments cited in the case to contend that the sale of a
going ... cannot come
under the scope of adjudication of the NCLT, it is submitted. The NCLT, it
is argued, has no jurisdiction to extinguish the rights
respondent no. 4 herein has relied upon the judgment/order
of the NCLT, Mumbai Bench, Court-II passed in the case of
Dnyanaba Namdeo Karande ... Supreme Court on February 07, 2023, has upheld the
NCLT judgment that "even if no fund is kept, the liquidator
must make adequate provisions
rehabilitation of sick units.
(emphasise supplied from page 58 of the judgment of
NCLT Calcutta Branch, dated 20th December, 2023).
18. It also appears ... fairly accepted/approved
by the shareholders of the company before Learned
NCLT.
Considering the entire aspect, I find no justification
to entertain the present petitioner
granted by the
NCLT, submits that none of the 18 prayers envisaged in clause 23 were granted
individually by the NCLT. The order dated April ... well as the inherent powers of the NCLT,
under Rule 11 of the NCLT Rules, provide sufficient remedy for such a challenge
by the petitioner
petitioner are not covered by Section 31 of the IBC, the judgment
and order passed by the National Company Law Tribunal, Kolkata
Bench dated ... under complete control of Resolution Professional appointed by the
NCLT by virtue of its judgment.
On behalf of the Union of India, Mr. S. Bhattacharya
Chatterjee. She
submitted that the NCLT was also not empowered by the inherent powers under
Rule 11 of the NCLT Rules, 2016 to promulgate ... inherent powers of the
NCLT under Rule 11 of the NCLT Rules, 2016 do not permit the NCLT to
pass the impugned order.
Analysis
that CIRP was initiated and a resolution plan was
passed by the NCLT on 10th of November, 2021. Learned Single Judge ... judgment dated 17th of February, 2022 passed in
Civil Appeal No. 447-448 of 2013, after taking note of the judgment of
Ghanashyam Mishra (supra
however, by its order dated 16th April,
2024 by considering the judgment delivered in the case of
Ghanashyam Mishra and Sons Pvt. Ltd (supra ... resolution plan approved by the NCLT and in the light of
Hon'ble Supreme Court judgment in the case of
Ghanashyam Mishra & Sons
however, by its order dated 16th April,
2024 by considering the judgment delivered in the case of
Ghanashyam Mishra and Sons Pvt. Ltd (supra ... resolution plan approved by the NCLT and in the light of
Hon'ble Supreme Court judgment in the case of
Ghanashyam Mishra & Sons
however, by its order dated 16th April,
2024 by considering the judgment delivered in the case of
Ghanashyam Mishra and Sons Pvt. Ltd (supra ... resolution plan approved by the NCLT and in the light of
Hon'ble Supreme Court judgment in the case of
Ghanashyam Mishra & Sons
