TMI Blog2020 (10) TMI 4X X X X Extracts X X X X X X X X Extracts X X X X ..... 8.01.2019, and it was adjourned on several occasions. During the pendency of the main CP, the Respondent has filed I.A No. 229 of 2019 u/s 8 of the Arbitration and Conciliation Act, 1996. Therefore, the Adjudicating Authority could not decide the main CP as per merits. The parties are directed to argue the main CP, subject to the Writ Appeal pending before the Hon'ble High Court of Karnataka - Post the case on 12.02.2020. No further adjournments will be given in the matter. - CP (IB) No. 111/BB/2019 - - - Dated:- 7-2-2020 - Rajeswara Rao Vittanala, Member (J) And Ashutosh Chandra, Member (T) For the Appellant : AZB Partners For the Respondents : Priyanka M.P., Advocate ORDER 1. Heard Mr. ArunKumar learned for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith law. 5. By taking into consideration of above facts of case, the Adjudicating Authority, earlier passed the following order on 17.12.2019; The case is kept pending because of sub-judice since the matter is pending before the Hon'ble High court of Karnataka. Therefore, we care inclined to take up the mater, after Hon'ble High Court of Karnataka decides the issue. In the meanwhile, parties are at liberty to make mention, subject to order passed by the Hon'ble High Court of Karnataka. Post the case on 28.01.2020 . 6. Aggrieved by the said order, the Petitioner filed C.A (AT) No. 204/2020 before the Hon'ble NCLAT, which was disposed of by an order dated 03.02.2020 by interalia passing the following order: In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Arbitration and Conciliation Act, 1996 as detailed supra. Therefore, the Adjudicating Authority could not decide the main CP as per merits. In the light, of clarificatory orders dated 25.11.2019 passed by the Hon'ble High Court of Karnataka in I.A No. 04 of 2019, and also observation of the Hon'ble NCLAT as detailed supra, it is necessary to decide the main CP, filed U/s 7 of Code, which is pending from February 2019 onwards. Therefore, we are inclined to decide the main Company Application/Petition filed u/s 7 of the code, as per merits. Therefore, we direct the parties to argue the main CP, subject to the Writ Appeal pending before the Hon'ble High Court of Karnataka. 9. Post the case on 12.02.2020. No further adjour ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
