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2019 Supreme(SC) 1451

INDU MALHOTRA, R.SUBHASH REDDY
Anand Rao Korada – Appellant
Versus
Varsha Fabrics (P) Ltd – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Siddharth Bhatnagar, Ashok Jain, Pankaj Jain, Amit Kasera, Bijoy Kumar Jain, Aditya Sidhra.
For the Respondents: Vikramjit Banerjee, Chander Uday Singh, Shibashish Misra, S. Debabrata Reddy, Ashish Prasad, Mukta Dutta, Avinash Tripathi, Zain Maqbool, Rohit Sharma, Mahfooz Ahsan Nazki, Rajesh Kumar Singh, R.R. Rajesh, Anshul Gupta, Sudhakar Kulwant, Raj Bahadur Yadav, Archana Pathak Dave, Sandeep Pathak, Rajesh J.

JUDGMENT :

INDU MALHOTRA, J.

Leave granted.

1. The present Civil Appeals have been filed by the Appellant-Resolution Professional appointed by the National Company Law Tribunal for the Corporate Debtor M/s. Hirakud Industrial Works Ltd. to challenge the interim Orders dated 14.08.2019 and 05.09.2019 passed by the Odisha High Court in W.P. (Civil) No. 7939/2011.

2. This Court vide Order dated 23.09.2019 issued Notice to all the parties, including the Writ Petitioners i.e. the Hirakud Workers' Union-Respondent No. 13 herein. The Appellant was directed to serve Dasti Notice to all the Respondents and the auction proceedings before the High Court were directed to be stayed.

3. Pursuant to the issuance of Notice, all the Respondents were served by the Appellant, and proof of service was filed on 04.11.2019. Respondent No. 13-Hirakud Workers' Union was however not represented by Counsel. The Civil Appeals were taken up for hearing on 13.11.2019 before this Court.

4. The factual matrix in which the present Civil Appeals have been filed is as under:

    4.1 M/s. Varsha Fabrics Pvt. Ltd. (Respondent No. 1), India Finance Ltd. (Respondent No. 2), Mudrika Commercial Pvt. Ltd. (Respondent No. 3), Hiraku


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