Ghanashyam Mishra And Sons Private Limited VS Edelweiss Asset Reconstruction Company Limited

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

B. R. GAVAI, PAMIDIGHANTAM SRI NARASIMHA
Ghanashyam Mishra And Sons Private Limited – Appellant
Versus
Edelweiss Asset Reconstruction Company Limited – Respondent

Advocates appeared:
Dr. A.M.Singhvi, Sr. Advocate, Mr. Mahesh Agarwal, Advocate, Mr. Abhijeet Sinha, Advocate, Mr. Himanshu Satija, Advocate, Mr. Nidhiram Sharma, Advocate, Mr. E. C. Agrawala, Advocate, Mr. Vikas Singh, Sr. Advocate, Ms. Harsh Lata, Advocate, Ms. Priyanka Khosla, Advocate, For the Appellant / Mr. C.S.Vaidyanathan, Sr. Advocate, Mr. Rakesh Dwivedi, Sr. Advocate, Mr. Sanjay Bhatt, Advocate, Mr. Rabin Majumder, Advocate, Mr. Akansha Sriuvastava, Advocate, Mr. Soayib Qureshi, Advocate, Mr. Vikas Singh, Sr. Advocate, Ms. Harsh Lata, Advocate, Ms. Priyanka Khosla, Advocate, For the Appellant/Respondent.

ORDER

1. IA No. 76416/2021 (M.A. No.1166 of 2021) has been filed by respondent No.1 for clarification of the judgment and order dated 13th April 2021 passed in Civil Appeal No. 8129 of 2019, praying therein to clarify that this Court, in the said judgment and order dated 13th April 2021, has not dealt with the aspect of security of pledge of shares with EARC having been arbitrarily and illegally wiped out in the Resolution Plan and invocation/non-invocation of pledge of shares by EARC. It is further prayed in the said application that this Court should not only expunge the observations made by the National Company Law Tribunal in common order dated 22nd June, 2018 as found in paragraphs 104 and 105 of the said judgment and order dated 13th April, 2021 of this Court in Civil Appeal No.8129 of 2019, but should also direct the National Company Law Appellate Tribunal to not be influenced by the said observations while deciding Review Application No.17 of 2019.

2. IA No.52435/2022 has been filed on behalf of Adhunik Power and Natural Resources Ltd., seeking intervention to support the application for clarification filed by respondent No.1.

3. We have heard Mr. C.S.Vaidyanathan, learned S

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B. R. GAVAI, PAMIDIGHANTAM SRI NARASIMHAGhanashyam Mishra And Sons Private Limited – AppellantVersusEdelweiss Asset Reconstruction Company Limited – Respondent

B. R. GAVAI, PAMIDIGHANTAM SRI NARASIMHA
Ghanashyam Mishra And Sons Private Limited – Appellant
Versus
Edelweiss Asset Reconstruction Company Limited – Respondent