Home Case Index All Cases Insolvency and Bankruptcy Insolvency and Bankruptcy + Tri Insolvency and Bankruptcy - 2018 (10) TMI Tri This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (10) TMI 1834 - NATIONAL COMPANY LAW TRIBUNAL, MUMBAIMaintainability of second petition on same cause of action - Corporate Debtor failed to make repayment of its debt - existence of dispute or not - HELD THAT:- On perusal of the order of the Hon'ble Supreme Court in the case of Macquarie Bank Ltd. [2017 (12) TMI 850 - SUPREME COURT], it is clear that Hon'ble Supreme Court has discussed the judgment of Hon'ble NCLAT passed in the case of Smart Timing Ltd. However, Hon'ble Supreme Court has not overruled its earlier judgment and the judgment of NCLAT, whereby the SLP was dismissed. It is clear that this case has been based on the same cause of action. This case has been finally decided by the Hon'ble Supreme Court by order dated 18.8.2017 whereby the appeal filed against the Hon'ble NCLAT has been dismissed. It is also clear that Hon'ble Supreme Court has further laid down the law in case of Macquarie Bank Ltd. (supra), but Hon'ble Apex Court has not overruled the judgment passed in case of Smart Timing [2017 (8) TMI 1590 - SC ORDER]. Thus, second petition on the same cause of action is not maintainable - this petition is dismissed on the threshold.
|