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2021 Supreme(SC) 924

D.Y.CHANDRACHUD, M.R.SHAH
Neera Saggi – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
Mr. Shyam Divan, Senior Advocate, Mr. Ashish Prasad, Advocate, Mr. Mahfooz A. Nazki, Advocate, Mr. Rohit Sharma, Advocate, Mr. Arpan Behl, Advocate, Mr. Avinash Tripathi, Advocate, Mr. K.V. Vishwanathan, Sr. Advocate, Mr. Karun Mehta, Advocate, for the Appellant; Mr. N. Venkataraman, ASG, Mr. Kanu Agrawal, Advocate, Ms. Sansriti Pathak, Advocate, Ms. Swarupama Chaturvedi, Advocate, Mr. Arvind Kumar Sharma, Advocate, for the Respondent.

ORDER

1. Admit.

2. The two appeals arise from a judgment of the National Company Law Appellate Tribunal ["NCLAT"] dated 4 March 2020 in Company Appeal (AT) Nos. 206 of 2019 and 285 of 2019.

3. The National Company Law Tribunal ["NCLT"] , by its order dated 18 July 2019, allowed an application seeking that the appellants should be impleaded, amongst other persons, in the course of its proceedings relating to IL&FS Limited. The NCLT and NCLAT directed that a number of persons be impleaded. Among them were both Executive and non-Executive Directors and the auditors of IL&FS.

4. Both the appellants were appointed as Independent Directors of IL&FS Financial Services Limited ["IFIN"] . Ms Neera Saggi, the appellant in the first of the two appeals before this Court was appointed as an Independent Director on 18 March 2015. She resigned from the position on 25 July 2016. Ms Renu Challu, the appellant in the companion appeal, was appointed as an Independent Director on 27 September 2017. She resigned on 17 September 2018.

5. The NCLT, while dealing with the question as to whether they should be impleaded, observed in paragraph 74 of its order that:

    "74. With regard to proposed Respondent No

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