SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(SC) 1297

D. Y. CHANDRACHUD, J. B. PARDIWALA, MANOJ MISRA
Orbit Electricals Private Limited – Appellant
Versus
Deepak Kishan Chhabria – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Mukul Rohatgi, Sr. Adv. Mr. Ranjeet Kumar, Sr. Adv. Mr. Neeraj Kishan Kaul, Sr. Adv. Mr. Kunal Mehta, Adv. Mr. Shikhil Suri, Adv. Mr. Abhinav Agrawal, AOR
For the Respondent(s) Mr. Shyam Divan, Sr. Adv. Mr. Maninder Singh, Sr. Adv. Mr. Amit Jajoo, Adv. Mr. Malak Manish Bhatt, AOR Ms. Vatsala Pant, Adv. Mr. Mandeep Singh, Adv. Mr. Darius Khambata, Sr. Adv. Mr. Somasekhar Sundaresan, Adv. Mr. Ravi Gadagkar, Adv. Mr. Nitin Saluja, AOR Mr. Saahil Mongia, Adv. Ms. Ishita Soni, Adv. Ms. Simran Khurana, Adv. Ms. Pranya Madan, Adv. Dr. A.M. Singhvi, Sr. Adv. Mr. Krishnendu Dutta, Sr. Adv. Mr. Ankur Saigal, Adv. Mr. E.C. Agrawala, AOR Mr. Shashwat Singh, Adv. Ms. Geetika Sharma, Adv. 2 Mr. P.S. Patwalia, Sr. Adv. Mr. Amit Pawan, AOR Mr. Suchit Singh Rawat, Adv. Ms. Shivangi, Adv. Mr. Anand Nandan, Adv. Mr. Aakarsh, Adv. Mr. Hassan Zubair Waris, Adv. Mr. Tushar Mehta, SG Mr. Prashanto Sen, Sr. Adv. Mr. Kanu Agrawal, AOR Mr. Madhav Sinhal, Adv. Mr. Bhuvan Kapoor, Adv. Mr. Deepak Khosla, Adv.

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:

    “(1) The National Company Law Tribunal1 [“NCLT”] dismissed the application filed by the first respondent for the grant of interim relief by an order dated 31 December 2019. The first respondent is in appeal before the National Company Law Appellate Tribunal.2 [“NCLAT”] Admittedly, no interim relief operated in favour of the first respondent during the pendency of the appeal.

    (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

      Click Here to Read the rest of this document
      1
      2
      3
      4
      5
      6
      7
      8
      9
      10
      11
      SupremeToday Portrait Ad
      supreme today icon
      logo-black

      An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

      Please visit our Training & Support
      Center or Contact Us for assistance

      qr

      Scan Me!

      India’s Legal research and Law Firm App, Download now!

      For Daily Legal Updates, Join us on :

      whatsapp-icon telegram-icon
      whatsapp-icon Back to top