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S.J.MUKHOPADHAYA, BANSI LAL BHAT
Amit Katyal – Appellant
Versus
Manjula Khullar – Respondent
ORDER :
1. Manjula Khullar and Others, filed application under Section 7 of the I&B Code for initiation of Corporate Insolvency Resolution Process against M/s Krrish Shalimar Projects Pvt. Ltd. (Corporate Debtor). The Adjudicating Authority by impugned order dated 16th January, 2019 admitted the application being C.P. No. (IB)-1148(PB)/2018. During the pendency of the aforesaid petition and this appeal and before constitution of Committee of Creditors, Mr. Amit Katyal, Shareholder of the Corporate Debtor reached settlement with the Respondent No. 1, 2 and 3 (Financial Creditors) on 27th January, 2019. Thereafter Appellant filed application for withdrawal of the Insolvency Resolution Proceeding in view of the decision of Hon’ble Supreme Court in Swiss Ribbons Pvt. Ltd. and Another vs. Union of India and Others, Writ Petition (Civil) No. 99/2018 dated 25th January, 2019, wherein the Hon’ble Supreme Court observed as follows:
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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