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