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2018 Supreme(SC) 1068

A.K.SIKRI, ASHOK BHUSHAN
TRANSMISSION CORPORATION OF ANDHRA PRADESH LIMITED – Appellant
Versus
EQUIPMENT CONDUCTORS AND CABLES LIMITED – Respondent


JUDGMENT

A.K. SIKRI, J.

The order of the National Company Law Appellate Tribunal, New Delhi (for short, ‘NCLAT) dated September 04, 2018 is the subject matter of challenge in the present proceedings. It is a short order, which is reproduced herein its entirety.

“Having heard learned counsel for the parties and being satisfied of the grounds shown, six days delay in preferring the appeal is condoned. I.A. No. 973 of 2018 stands disposed of.

Prima facie case has been made out by the Appellant in view of the part decree awarded by the competent court under Section 34 of the Arbitration and Conciliation Act, 1996 and the review application under Section 37 preferred by the Respondent having rejected on 29th January, 2016.

However, taking into consideration the fact that if appeal is allowed and Corporate Insolvency Resolution Process is initiated against the Respondent – “Transmission Corporate of Andhra Pradesh Ltd.’, the government undertaking may face trouble. Therefore, by way of last chance we grant one opportunity to respondents to settle the claim with the appellant, failing which this Appellate Tribunal may pass appropriate order on merit.

Post the case ‘for admission’ on 4th Oc
































































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