TMI Blog2018 (10) TMI 1834X X X X Extracts X X X X X X X X Extracts X X X X ..... use 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. - CP (IB) No. 229 (MB)/2018 - - - Dated:- 31-10-2018 - V.P. Singh, JUDICIAL MEMBER AND Ravikumar Duraisamy, TECHNICAL MEMBER ORDER 1. CP 229/2018 has been filed by the Operational Creditor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of NCLT dated 31.1.2017, Company Appeal before the NCLAT was filed which was dismissed in Smart Timing Ltd. v. National Steel Agro Industries Ltd.[142 SCL 382 (NCL - AT). Against the order passed by the Hon'ble NCLAT, Civil Appeal No.9813/2017 was filed before the Hon'ble Supreme Court of India which also came to be dismissed for the reason that certificate as required under Section 9(3)(c) of the Code is mandatory. 2. Hon'ble Supreme Court in the case of Macquarie Bank Ltd. v. Shilpi Cable Technologies Ltd. [2018] 145 SCL 236 while dealing with the issue whether about the operational debt, the provision contained in Section 9(3)(c) of the Code is mandatory or not. Hon'ble Supreme Court has held that when we come to s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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. 5. 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 supra. 6. Given the above, it is clear that second petition on the same cause of action ..... X X X X Extracts X X X X X X X X Extracts X X X X
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