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2021 Supreme(Del) 634

REKHA PALLI
SUNIL TANDON – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Appellant : Mr.Arvind K. Nigam, Sr. Adv. with Ms.Smita Kant, Adv.
For the Respondent: Mr.Chetan Sharma, ASG with Mr.Anurag Ahluwlia, CGSC, Mr. R.V. Prabhat, Mr.Amit Gupta, Mr.Vinay Yadav, Mr.Akshay Gadeock & Mr.Sahaj Garg, Advs. Mr.Abhinav Vashisht, Sr.Adv. with Mr.Shantanu Tyagi, Mr.Anoop Rawat, Mr.Saurav Panda, Mr.Zeeshan Khan, Advs.

JUDGMENT :

REKHA PALLI, J.

1. By way of the present petition filed under Article 226 of the Constitution of India, the Petitioner, an erstwhile independent Non-Executive Director in respondent no.3 company, assails order dated 08.07.2021 (“Impugned Order”) and letter dated 16.07.2021 (“Impugned Letter”) issued by respondent no.1 and all consequential actions emanating therefrom, which includes the filing of C.P. No. 295/MB/2021 before the Hon’ble National Company Law Tribunal (NCLT), Mumbai Bench, and the order passed by the said Bench on 31.08.2021 against the petitioner and other persons.

2. The brief facts leading to the filing of the present petition are that the respondent no.3 company, of which the petitioner is an erstwhile independent Non-Executive Director till 18.05.2018, is a part of a group of companies associated with the flagship company i.e. Videocon Industries Ltd. and was admitted under the IBC Framework and thereafter, made subject to the corporate insolvency resolution process (CIRP) before the NCLT, Mumbai Bench on 31.08.2018. The respondent no.3 company is, therefore, being represented in the present petition by the Resolution Professional (“RP”) appointed by the

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