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2012 Supreme(Del) 2254

SANJIV KHANNA, S.P.GARG
Spice Jet Ltd. & Ors. – Appellant
Versus
Malan Pur Steel Ltd. & Anr. – Respondent


Advocates Appeared:
For the Appellants/Respondents:Mr. Atul Sharma, Mr. Milanka Chaudhary, Ms. Neeru Mehta, Advocates.
For the Respondent/Appellants:Mr. Jayant Bhushan, Sr. Advocate with Mr. Ajay Bhargav, Mr. Dhvakar Maheshwari, Mr. Vinam Gupta, Advocates.
For the Applicant:Mr. Rishi Agarwala, Mr. Ankit Shah, Ms. Misha Rohtagi Advocates.

Sanjiv Khanna, J.;—

These are two cross appeals. Spice Jet Limited (Spice Jet for short), Paradise Credit Private Limited, Kesha Investment Pvt. Limited and Modi Overseas Investments Limited (collectively referred to as Modi Group) have filed Company Appeal Nos. 1 & 2/2011 impugning the order dated 14th July, 2010 passed by the Company Judge in CA No. 1130/2005 in CP No. 385/2003 and the order dated 16th July, 2010 in Co. A. (SB) 2/2000 and CA 623/2000. The Company Appeal No. 28/2010 has been preferred by Malan Pur Steel Limited (Malanpur, for short) impugning the decision dated 15th July, 2005 passed by the High Court of Delhi in CA No. 797/2000 and CA No. 1852/2002 in CP No. 385/2003, sanctioning the scheme under Section 391(2) read with Section 394 of the Companies Act, 1956 (C. Act for short) on the terms set out therein. Objections were raised by Malanpur before the Company Judge against the scheme, in the said Company Appeal. Malanpur in this appeal also impugns the order dated 14th July, 2010 passed in Company Application 1130/2005, as the said order rejects the Review Application.

2. For the sake of convenience we have decided to first take up the appeal preferred by Malanpur













































































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