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TMI Blog2022 (12) TMI 1299X X X X Extracts X X X X X X X X Extracts X X X X ..... . 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. Advocate with Mr. Anand Shankar Jha, Mr. Arpit Gupta and Mr. Rajat Sinha, Advocates in I.A. No. 845 of 2022. Mr. Abhirup Dasgupta, Mr. Ishaan Duggaal and Ms. Bhawana Sharma, Advocates in I.A. No. 586 of 2022. Mr. PBA Srinivasan, Mr. Parth Tandon, Mr. V. Aravind, Advocates for Union Bank of India. Mr Manmeet Singh, Ms Anjali Dwivedi, Ms. Shatakshi Tripati, Advocates for L&T Infra Credit Ltd. Mr. Chiranjivi Sharm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 & Engineers in Appeal No. 643 of 2021 and 915 of 2021. Mr. Gaurav H Sethi, Mr. Rahul D. Oak, Mr. Arya Hardik, Advocates in Appeal No. 801 of 2021 in I.A. No. 4864 of 2022. Mr. Vikas Mehta, Mr. Mayan Prasad, Ms. Anshula Grover and Ms. Nitika Grover, Advocates for JAMEWA (752 of 2021). Mr. Krishnendu Datta, Sr. Advocate with Ms. Pooja Mahajan, Ms. Mahima Singh, Ms. Arveena Sharma, Ms. Mehak Nayak, Mr. Rajat Sinha, Advocates for R-3 (SRA) in I.A. No. 4771 and also in I.A. No. 4864. Ms. Sadhvi Chhabra, Mr. Raghav Chadha, Advocates for RP. Mr. Ra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 the present case, IL&FS does not oppose the prayers made in the Applications and liberty be granted to terminate the facility agreement entered with the RMGSL. In view of the above, we allow the prayers made in the Applications. Applications are allowed, accordingly. 6. I.A. No. 1796 of 2020: This Application has been filed by the National Highway Infrastructure Development Corporation Limited where direction has been issued to permit the applicant to invoke the Bank Guarantee dated 02.02.2018 issued by the Allahabad Bank (Now India ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndia 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 infructuous. 13. I.A. 785-786 of 2021: These are applications seeking condonation of 49 days delay in refiling I.A. No. 785 of 2021. Sufficient cause has been shown to condone the refiling delay in I.A. No. 785 of 2021. I.A. No. 786 of 2021 is disposed of. I.A. No. 785 of 2021 be listed on 19th January, 2023. 14. I.A. No. 336 of 2022 : This is an Application filed by the Kandla Special Economic Zone, Gandhidham, Kuchh, Gujarat praying for intervention in C.A. (AT) No. 346 of 2018. For the reasons given in application, we permit the applicant to intervene in C.A. (AT) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 copy of the Reply and serve on the Applicant as well. 24. I.A. No. 3499 of 2022: Learned Counsel for the Applicant may serve the copy of the Application on the Learned Counsel appearing for the Axis Bank. List this Application on 19th January, 2023. 25. Although we have disposed of several applications today but still there are different I.A.s filed in the IL&FS group. These matters pertain to year 2019, 2020, 2021 & 2022. 26. Mr. Raunak Dhillon, Learned Counsel appearing for the IL&FS submits that details of 86 applications have already been received from the different applicants and a chart gi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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