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2019 Supreme(NCLAT) 467

S.J.MUKHOPADHAYA, BANSI LAL BHAT
Punit Garg – Appellant
Versus
Ericsson India Pvt. Ltd. – Respondent


Advocates Appeared:
For the Respondents:Mr. Neeraj Kishan Kaul, Senior Advocate with Mr. Sanjay Kapur, Ms. Megha Karnwal, Mr. Bharath and Mr. Kauser Husain, Advocates for SBI., Mr. Anil K. Kher and Mr. Dushyant Dave, Senior Advocates with Ms. Deepali Mittal, Mr. Praveen Kumar Mittal, Advocates
Mr. Krishnan Venugopal, Senior Advocate, Mr. Sanjay Kapur, Mr. Bharath Gangadharan, Ms. Megha Karnwal and Mr. Kauser Husain, Advocates for IDBI & Ors.
Mr. Vikramjit Banerjee, ASG, Mr. Sanjay Kapur, Mr. Kauser Husain, Ms. Megha Karnwal, Mr. Bharath Gangadharan, Mr. Kauser Husain, Advocates for LIC & Ors.
Mr. Sanjay Kapur, Ms. Megha Karnwal and Mr. Bharath Gangadharan, Advocates for Canara Bank & Ors.
Mr. Sidharth Luthra, Senior Advocate with Mr. Sanjay Kapur, Mr. Megha Karnwal, Mr. Bharath Gangadharan, Mr. Kauser Husain, Advocates for UCO Bank & Ors.
Mr. Divyam Agarwal and Ms. Pallavi Kumar, Advocates for Standard Chartered Bank
Mr. Arun Kathpalia, Senior Advocate with Mr. P.V. Dinesh, Mr. R.S. Lakshman, Mr. Dhruv Malik, Advocates for Bank of Baroda, Dena Bank, Vijaya Bank
Mr. Amit Singh Chaddha, Senior Advocate with Mr. Shubh Chakraborti, Mr. Dhruv Malik and Ms. Shrishti Govil, Advocates for non – JLF ECB Lenders

JUDGMENT :

SUDHANSU JYOTI MUKHOPADHAYA, J.

Pursuant to an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (“I&B Code” for short) filed by ‘Ericsson India Pvt. Ltd.’- (‘Operational Creditor’), the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, Mumbai, passed three different orders on 15th & 18th May, 2018 initiating the ‘Corporate Insolvency Resolution Process’ against ‘Reliance Infratel Ltd.’; ‘Reliance Telecom Ltd.’ and ‘Reliance Communications Ltd.’ order of ‘Moratorium’ was passed and ‘Interim Resolution Professionals’ were appointed. Against the aforesaid orders, these appeals were preferred on one of the grounds that an arbitration proceeding is pending and some order has been passed by the Hon’ble Supreme Court. Besides some other grounds have also been taken to assail the impugned orders.

2. This Appellate Tribunal by order dated 30th May, 2018, on hearing the parties, passed interim order allowing the ‘Financial Creditors’/ ‘Joint Lenders Forum’ with whom the assets of the ‘Corporate Debtors’ have been mortgaged, as also the ‘Corporate Debtors’ to sell the assets of the ‘Corporate Debtors’ and to deposit the total amount in the ac

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