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
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 :-
(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
IBA Health (India) Private Limited vs. Info Drive Systems Sdn. Bhd. reported in (2010) 10 SCC 553
B.Sunitha vs. State of Telangana and Another reported in (2018) 1 SCC 638
Jupudi Kesava Rao vs. Pulavarthi Venkata Subbarao and Others reported in (1971) 1 SCC 545
Bipin Shantilal Panchal vs. State of Gujarat and Another reported in (2001) 3 SCC 1
Regazzoni vs. K.C.Sethia (1994) Ltd reported in 1958 AC 301
American Express Bank Ltd v Calcutta Steel Co. & Ors. reported in (1993) 2 SCC 199
CP Equipments Ltd v Sangeetha Tubewell Corporation reported in 1989 1 LW 320 (Mad)
Vijay Industries vs. NATL Technologies Limited reported in (2009) 3 SCC 527
SRM Exploration Pvt Ltd vs. N&S&N Consultants
Vijay Karia vs. Prysmian Cavi E Sistemi SRL reported in (2020) 11 SCC 1
Samarendra Nath Sinha vs. Krishna Kumar Nag reported in (1967) 2 SCR 18
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