SANDEEP K.SHINDE
Dewan Housing Finance Corporation Limited – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Sandeep K. Shinde, J. - Rule. Rule, made returnable forthwith. By consent of the parties, taken up for hearing forthwith.
2. Writ Petition No. 3157 of 2021 under Article 227 of the Constitution of India read with Section 482 of the Criminal Procedure Code, seeks to challenge order dated 20th August 2021, by which the learned Special Judge, CBI, Greater Bombay in exercise of jurisdiction under Section 32A of the Insolvency and Bankruptcy Code, 2016 ("IBC" for short), declined to discharge Dewan Housing Finance Corporation Limited-Corporate Debtor, from the CBI Special Case No. 830 of 2021 and permitted prosecution of the, Corporate Debtor through its erstwhile Directors (accused nos. 2 and 3) in CBI Special Case No. 830 of 2021.
3. Petitioner, in Writ Petition No. 3221 of 2021, is the successful resolution applicant, whose Resolution Plan dated 22nd December, 2020 has been approved by the Committee of Creditors of Dewan Housing Finance Corporation Limited (DHFL)-(Corporate Debtor) with an overwhelming majority of 93. 65% voting and thereafter by the National Company Law Appellate Tribunal (NCLAT), Mumbai, vide its order dated 7th June, 2021.
4. Applicant in Interim Application
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