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

2022 Supreme(Mad) 51

PARESH UPADHYAY, SATHI KUMAR SUKUMARA KURUP
SpiceJet Limited, Chennai Airport, Chennai – Appellant
Versus
Credit Suisse AG A Stock Corporation, registered under the Laws of Switzerland, Switzerland – Respondent


Advocates Appeared:
For The Appellant :Varun, K. Chopra, Abhinav Sharma, Sathya Ganesh, Advocates.
For the Respondent:Rahul Balaji, Vishnu Mohan, Aditya Bhat, Rajendra Barot, Priyanka Shetty, Ayush Chaddha, K. Janani Shankar, Advocates.

JUDGMENT :

Paresh Upadhyay, J.

Prayer: Appeals preferred under Section 483 of the Companies Act and Clause 15 of Letters Patent read with Order 36 Rule 1 of OS Rules against the judgment and order dated 06 December 2021, as amended vide orders dated 15 December 2021 and 23 December 2021 in Company Petition No. 363 of 2015, C.A.No.888 of 2015 and C.A.No.55 of 2020 respectively.

1. These appeals are filed by the respondent of the Company Petition No.363 of 2015, challenging the order of Company Court, ordering :-

    (i) admission of the winding up petition, which is filed invoking Sections 433 (e) and (f) of the Companies Act, 1956, and

(ii) appointment of the Official Liquidator, High Court of Madras as Provisional Liquidator.

Since, in the first order of the Company Court dated 06.12.2021, there are few corrections vide orders dated 15.12.2021 and 23.12.2021, there are three orders before us, but the substance thereof is as noted above. The challenge in these three appeals is to those three orders, ventilating various grievances including about disposal / pendency of some interim application(s) in the Company Petition.

2.1 Mr. V.Ramakrishnan, learned Senior Advocate for the appellant Compan

      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