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2024 Supreme(Online)(NCLAT) 992

NATIONAL COMPANY LAW APPELLATE TRIBUNAL
Justice Sharad Kumar Sharma (Member(Judicial)) , Hon'ble Hon'ble Mr. Indevar Pandey (Member (Technical)) ,
Boorugu Infra Projects Private Limited in Consortium with Vishwanath Projects Limited – Appellant
Versus
Lulu International Shopping Malls Private Limited – Respondent


Advocates:
Ms. Lily Francis, Advocate; Mr. VVSN. Raju, Advocate for R1; Mr. P.H. Arvindh Pandian, Senior Advocate; Mr. Pradeep Joy & Ms. Dharmya MS, Advocate for R2

JUDGMENT

(Hybrid Mode) (Per: Justice Sharad Kumar Sharma, Member (Judicial) 20.12.2024: These are 2 Company Appeals being Company Appeal (AT)(CH)(Ins) No. 342/2024, and Company Appeal (AT)(CH)(Ins) No.343/2024, as they are emanating from the Company Petition (IB) No. 296/7/HDB/2022, though from the orders independently passed on different Interlocutory Applications, but since factually the issue remains the same, they are being decided together. In order to, better elucidate the controversy we would be dealing with the facts of each of the Appeals independently.

1. Company Appeal (AT)(CH)(Ins) No. 342/2024, arises from the Impugned Order of 13.06.2024, as rendered on Intervention Application being IA No.20/2024, it was preferred in Company Petition (I.B) No. 296/7/HDB/2022, by virtue of the Impugned Order under challenge the application thus preferred by the Appellant has been rejected, on the ground since that in the Resolution Process, as the Applicant/Appellant herein had participated and has been determined as to be an unsuccessful Resolution Applicant, they have been held to be having no locus standi as such to become a party to the proceedings, which has been filed for

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