TMI Blog2022 (12) TMI 1299X X X X Extracts X X X X X X X X Extracts X X X X ..... 9, 3499, of 2022 in Company Appeal (AT) No. 346 of 2018 Company Appeal (AT) No. 347 of 2018 [ Justice Ashok Bhushan ] Chairperson , [ Dr. Alok Srivastava ] Member ( Technical ) And [ Ms. Shreesha Merla ] Member ( Technical ) Mr. Raunak Dhillon, Ms. Isha Malik, Mr. Vikash Kumar Jha, Mr. Nihaad Dewan, Mr. Vikas Kumar, Advocates for ILFS and Mr. Manish Paliwal, Adv. for Intervenor Applicant (BEL). Mr. Kuber Dewan, Ms. Neeharika Aggarwal, Ms. Trisha Ray Chaudhuri and Mr. Kaustubh Srivastava, Advocates for Appellant in Comp. App. (AT) No. 347 of 2018 and Respondent in Comp. App. (AT) No. 346 of 2018 and In I.A. No. 593/2019, 557 645 of 2022, 2966 of 2020. Mr. P.Nagesh, Sr. Advocate with Ms. Bani Brar, Advocate in IA Nos. 296,427, 429, 345 of 2022. Advocate Avrojyoti Chatterjee, Advocate Rajiv S. Roy, Advocate Siddharth Dhingra, Advocates for UCO Bank and Canara Bank. Mr. Mahesh Agarwal, Mr. Abhijeet Sinha, Mr. Himanshu Satija and Mr. Shivam Shukla, Advocates in I.A No. 586 of 2022. Mr. Mahesh Agarwal, Mr. Abhijeet Sinha, Mr. Himanshu Satija, Mr. Shivam Shukla, Ms. Geetika Sharma, Advocates in I.A No. 3499 of 2022 for Ultra Tech. Mr. Krishnendu Datta, Sr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in I.A. 1628 AND 4526. Mr. Arun Kathpalia, Sr. Advocate with Mr. R. Sudhinder, Mr. Sandeep Singh, Mr. Gaurav Mathur, Mr. Udit Menediratta, Ms. Ekta Bhasin, Ms. Aastha Trivedi and Mr. Aditya Dhupal, Advocates for HDFC in CA (AT) No. 177 of 2022 a/w I.A. No. 2966 of 2020. Mr. Amit Tyagi and Ms. Ishita Singh for Sapiens Consulting and TLG Media. Mr. Raunak Dhillon, Mr. Vikash Kumar Jha, Ms. Isha Malik, Mr. Nihaad Dewan, Advocates for ILFS/R-1. Mr. Aditya Sikka a/w Ms. Vasudha Vijaysheel for Union of India. Mr. Yashu Rustagi, Advocate Mr. Anuj Aggarwal with Ms. Ayushi Bansal, Advocates for KIOCL/Applicant Intervenor in I.A. No. 735 of 2019 in CA (AT) No. 347 of 2018. Mr. Mahesh Thakur, Mr. Sharan Thakur, Advocates in I.A. No. 430 of 2022. Mr. Sanjay Kapur, Ms. Megha Karnwal, Mr. Arjun Bhatia, Advocates for SBI in I.A. No. 3579 of 2022. Mr. Krishnendu Datta, Sr. Advocate with Ms. Misha, Ms. Mahima Sareen, Mr. Satyajit Bose, Mr. Rajat Sinha, Advocates in I.A. No. 845 and 4009 of 2022. Mr. Swarnendu Chatterjee, Ms. Deepakshi Garg, Mr. Yashwardhan Singh, Ms. Megha Saha, Advocates for AAWEJA amp; Engineers in Appeal No. 643 of 2021 and 915 of 2021. Mr. Gaurav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g. Applications I.A. No. 182 185 of 2020 are closed. 4. I.A. 2966 of 2020 in Company Appeal (AT) No. 177 of 2022: As prayed by Mr. Raunak Dhillon, list this I.A. as well as C.A. (AT) No. 177 of 2022 on 19th January, 2023. Interim Order shall continue passed in Company Appeal (AT) No. 177 of 2022. 5. I.A. No. 2074-2075 of 2020: These Applications have been filed by the Central Bank of India praying for following reliefs: The Applicant Bank therefore prays as under: (a) That, the Hon ble Tribunal may be pleased to permit the Applicant Bank to terminate the Facility Agreement and the Derivative Deals entered with RMGSL. (b) That the Hon ble Tribunal be pleased to pass an order making it clear that the order the Hon ble Tribunal dated 15th October, 2018 passed in Company Appeal (AT) 346 of 2018 does not restrict the Applicant Bank to terminate the Facility Agreement and that its termination would not result in the violation/defiance of the said order. (c) Any other and further reliefs/orders as in the facts and circumstances of this case may be deemed fit and proper. Learned Counsel for the IL FS-Mr. Raunak Dhillon submits that in the facts of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd same need to be brought before the Court of Competent Jurisdiction. In the Application, an Email dated 19.10.2020 has been quoted in paragraph 17 of the Application. In view of the aforesaid, we are of the view that Applicant is at liberty to file Application before the Adjudicating Authority for consideration of the claim which may be considered and disposed of by the Adjudicating Authority in accordance with law. With these observations, the Application is disposed of. 10. I.A. No. 2412 of 2021: This Application filed by the Central Bank of India makes only prayer for listing the I.A. No. 2074 of 2020 and 2075 of 2020 for intervention at an early date. These Applications I.A. No. 2074 of 2020 and I.A. No. 2075 of 2020 having already been listed, this Application becomes infructuous. I.A. No. 2412 of 2021 is dismissed as infructuous. 11. I.A. No. 2903 of 2021: I.A. No. 185 of 2020 having been disposed of by the order of this date, I.A. No. 2903 of 2021 has become infructuous and is dismissed as infructuous. 12. I.A. 2404 of 2021: Learned Counsel for the IL FS submits that this Application has become infructuous. I.A. No. 2404 of 2021 is dismissed as infructuou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t to intervene in the matter. I.A. No. 1745 of 2022 for intervention is allowed. 20. I.A. No. 4009 of 2022: This Application has been filed by the ICICI Bank Limited seeking for appropriation of amount laying in the current account of IL FS Engineering and Construction Company Limited. Learned Counsel appearing for the IL FS may file Reply within two weeks. Rejoinder may be filed within one week, thereafter. List this Application on 19th January, 2023. 21. I.A. No. 4526 of 2022: This is an Application filed by the National Highway Authority of India praying for invocation of the Bank Guarantee and further direction to keep the Bank Guarantee alive. Let reply be filed within three weeks by the IL FS. List this Application on 19th January, 2023. 22. I.A. No. 557 of 2022: List this Application on 19th January, 2023. Interim Order to continue. 23. I.A. No. 3579 of 2022: This is an application filed by the Home- Buyers seeking direction to hand over the flats by the IL FS. Learned Counsel for the IL FS seeks time to obtain instruction. He may file an Affidavit in this regard within three weeks. Learned Counsel for the State Bank of India is permitted to file physical c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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