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D. Y. CHANDRACHUD, J. B. PARDIWALA, MANOJ MISRA
Orbit Electricals Private Limited – Appellant
Versus
Deepak Kishan Chhabria – Respondent
ORDER :
1. The order of this Court of 26 September 2023 sets out the background. Rather than replicate the background, we set it out below:
(2) The appeal has been heard and orders were reserved by the NCLAT on 21 September 2023. However, while reserving orders, the NCLAT has directed the parties “to maintain status quo as was available prior to EOGM dated 03.05.2019” till the judgment is delivered. No reasons have been indicated by the NCLAT even prima facie for issuing the interim order, particularly in the context of the fact that there was no interim relief operating since the dismissal of the application for interim relief on 31 December 2019. It is admitted that no relief was obtained by the first respondent in the proceedings before the Bombay High Court, as well.
(3) In the circumstances, we vacate the inte
Supreme Court emphasizes jurisdiction to enforce orders and ensure compliance during appellate proceedings.
The court affirmed the importance of procedural compliance under Rule 89 of the National Company Law Tribunal Rules, 2016, highlighting that failure to adhere to such rules affects litigants' rights ....
Judicial orders, particularly those granting injunctions, must be reasoned and demonstrate the application of legal standards to the facts; failure to do so violates principles of natural justice.
Appeal – Limitation stops running on e-filing of appeal before NCLAT and not on presentation of physical copy – Date on which limitation begins to run is intrinsically linked to date of pronouncement....
Limitation for IBC appeal under Section 61 commences from NCLT order's open court pronouncement date in parties' presence, not portal upload; delay beyond 45 days non-condonable regardless of certifi....
The court reiterated that interim orders protecting rights pending final adjudication are crucial, and only appealable orders determining rights of parties fall under the Companies Act, 2013.
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