9911796707
TMI Blog2024 (10) TMI 1624X X X X Extracts X X X X X X X X Extracts X X X X ..... For the Petitioner : Mr. Tushar Mehta, Solicitor General, Mr. Uday Khare, Adv., Ms. Srideepa Bhattacharyya, Adv., Ms. Neha Shivhare, Adv., M/s. Cyril Amarchand Mangaldas. For the Respondent : Ms. Pallavi Pratap, AOR, Mr. A. Bavani, Adv., Mr. Nalin Kohli, Sr. Adv., Mr. Anoop Rawat, Adv., Mr. Vaijayant Paliwal, Adv., Ms. Charu Bansal, Adv., Mr. Vishrut Kansal, Adv., Mr. Aditya Marwah, Adv., Ms. Kir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... together with the CoCs of KSK Water Infrastructure Private Limited and Raigarh Champa Rail Infrastructure Private Limited. The consolidation of the CIRP of all the three companies through their respective Resolution Professionals was sought before the National Company Law Tribunal ["NCLT"] , Hyderabad Bench II. 5 The High Court by its impugned order dated 10 September 2024 declined to grant the m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said applications, vide common order, dated 07.06.2022, the NCLT deferred the Resolution Process until further orders subject to the outcome of the appeal pending before the NCLAT and in the meanwhile granted stay of CIRP proceedings and directed the Resolution Professional not to undertake any such process till the lA (IB)/374/2022 is disposed of. Admittedly, the petitioner herein has not filed a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sis supplied) 7 The CoC of KSK Mahanadi Power Company Limited has moved this appeal, aggrieved by the direction of the High Court deferring the CIRP. The grievance is that this order was passed by the High Court on the very first date of listing without issuing notice to the CoC or the other respondents. 8 We have heard Mr Tushar Mehta, learned Solicitor General for the appellant and Ms Pallavi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ise its jurisdiction under Article 226 by directing the deferment of the CIRP. Such a direction under Article 226 breaches the discipline of the law which has been laid down in the provisions of the Insolvency and Bankruptcy Code 2016. 11 We accordingly allow the appeal and set aside the impugned order of the High Court to the extent that it directs the deferment of the CIRP of the Corporate Debt ..... X X X X Extracts X X X X X X X X Extracts X X X X
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