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2018 Supreme(UK) 22

LOK PAL SINGH
Khatima Fibres Ltd. – Appellant
Versus
National Company Law Tribunal – Respondent


Advocates Appeared:
For the Petitioner:Mr. Prashant Chandra, Senior Counsel assisted by Ms. Neha Rashi, Mr. Kushagra Dikshit and Mr. Pankaj Tangwan, Advocates
For the Respondent:Mr. Virendra Kaparwan, Advocate holding brief of Mr. Rakesh Thapliyal, Advocate, Mr. Siddhartha Sah, Advocate

JUDGMENT :

Lok Pal Singh, J.

Present petition has been filed seeking the following reliefs:-

(i) To issue a writ, direction or order in the nature of certiorari quashing the impugned order dated 27.10.2017 passed in CP No. (IB) 109/ALD/2017 (Annexure No. 1).

(ii) To issue a writ, direction or order in the nature of prohibition, prohibiting the learned NCLT to not entertain the CP. (IB) No. 109/2017 on merit, the same being defective and not to proceed further and also allow the application for dismissal of CP. (IB) No. 109/2017 and dismiss the CP. (IB) No. 109/2017 pending before the learned NCLT Allahabad.

2. Counter affidavit along with stay vacation application has been filed on behalf of respondent no. 2 Bank. Rejoinder affidavit to the counter affidavit/stay vacation application has also been filed by the petitioner. Subsequent thereto, respondent no. 1 has filed counter affidavit, challenging the maintainability of the writ petition. In the counter affidavit, two annexures have been mentioned but the second annexure has not been annexed. The petitioner has also filed rejoinder affidavit to the counter affidavit of respondent no. 1. In both the rejoinder affidavits plea have been t























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