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2026 Supreme(Online)(NCLT) 623

NATIONAL COMPANY LAW TRIBUNAL
Sushil Mahadeorao Kochey, Member (Judicial)
Mr. Abhay Narayan Manudhane – Appellant
Versus
My Palace Mutually Aided Cooperative Society – Respondent


Advocates:
Mr. Chaitanya Chavan a/w Mr. Sagar Parab, Mr. Darshan Suvarna, Mr. C.G. Shanker
For Unity Small Finance Bank Ltd: Mr. Shyam Kapadia a/w Ms. Naveli Reshamwala
Mr. Chetan Kapadia, Sr. Advocate a/w Mr. Rohan Agarwal, Ms. Sabeena Mahadik and Mr. Pankaj Uttaradhi
For the Respondent No. 3: Mr. Ranjeev Carvalho a/w Mr. Sunil Humbre, Mr. Pankaj Uttaradhi

ORDER

1) This is a reference under Section 419 (5) of the Companies Act, 2013 , appointing Third Member by the Hon’ble President, National Company Law Tribunal, pursuant to the directions of the Hon’ble National Company Law Appellate Tribunal issued on 18.09.2025, in Company Appeal (AT) (INS) No. 1776 & 1777 of 2024.

2) Members of Court 3 of NCLT, Mumbai Bench, have decided two Interlocutory Applications i.e. IA 3781 of 2023, filed by the Resolution Professional, acting on behalf of the Corporate Debtor, viz. Housing Development and Infrastructure Limited & IA 4521 of 2023 filed by Unity Small Finance Bank Limited who got substituted in the place of Punjab and Maharashtra Cooperative Bank on Merger. Both the Members have deferred on few points as enumerated by the Hon’ble National Company Law Appellate Tribunal in its Order dt. 18.09.2025, which highlighted difference of both the Members on continuing Interim Order dt. 08.11.2023 and deciding on Rights and Interests in the Corporate Debtor and the Bank, arising out of Assignment Deeds and Joint Venture Agreement. It is also held this tribunal lacks jurisdiction to adjudicate the contractual rights of the parties under summary powers

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