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S.J.MUKHOPADHAYA, A.I.S.CHEEMA
Roma Enterprises – Appellant
Versus
Martin S. K. Golla Resolution Professional – Respondent
ORDER :
1. The Appellant who claimed to be a ‘Financial Creditor’ submits that the cranes have been hypothecated in its name. The grievance of the Appellant is that the ‘Resolution Professional’ wanted to take over the hypothecated goods i.e. the four cranes, against which he had moved before this Appellate Tribunal, which had not been accepted.
2. Learned counsel appearing on behalf of the Respondent referred to some order passed by the Bombay High Court. However, we are not inclined to decide the claim and counter claim made by the parties for the reasons below.
3. The Appellant earlier moved before this Appellate Tribunal in Company Appeal (AT) (Insolvency) No. 232 of 2018 and challenged the order dated 2nd April, 2018 passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, Mumbai, whereby and whereunder the application filed by the Appellant against the decision of the ‘Resolution Professional’ was not entertained. This Appellate Tribunal by order dated 22nd February, 2019 passed the following orders:
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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