1. Civil appeal against interlocutory order of NCLAT refusing to interfere with recovery proceedings. (Para 1 )
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2023 Supreme(Online)(SC) 20885
B.R. Gavai, Vikram Nath, JJ
International Asset Reconstruction Co. Pvt. Ltd. – Appellant
Versus
Jayant Vitamins Ltd. – Respondent
CIVIL APPEAL NO(S). 302/2020
Advocates:
For the Appellants/Petitioners: Amar Dave, Himanshu Bhushan
For the Appellants/Petitioners: Amar Dave, Himanshu Bhushan
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2. The court found no ground to interfere with the impugned NCLAT order. (Para 1 )
3. An appellate court will not interfere with an interlocutory order unless patent error or injustice is shown. (Para 1 )
4. Appeal dismissed and adverse observations clarified as not barring other remedies. (Para 2 , 3 )
5. Can a civil appeal against an NCLAT order be entertained without showing a substantial question of law?
No, the court declined interference finding no ground to interfere with the NCLAT order. (Para 1 )
ITEM NO.4 COURT NO.8 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CIVIL APPEAL NO(S). 302/2020
INTERNATIONAL ASSET RECONSTRUCTION CO. PVT. LTD. APPELLANT(S)
VERSUS
JAYANT VITAMINS LTD. RESPONDENT(S)
(FOR ADMISSION )
Date : 18-04-2023 This appeal was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE B.R. GAVAI
HON'BLE MR. JUSTICE VIKRAM NATH
For Appellant(s) Mr. Amar Dave, Adv.
Mr. Himanshu Bhushan, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
The appeal is dismissed, in terms of the signed order.
(NARENDRA PRASAD)
ASST. REGISTRAR-cum-PS
(ANJU KAPOOR)
COURT MASTER (NSH)
(Signed order is placed on the file)
O R D E R
1. We are not inclined to interfere with the impugned order passed by the National Company Law Appellate Tribunal, New Delhi. The appeal is, accordingly, dismissed.
2. However, we clarify that any adverse observations would not come in the way of the present appellant in pursuing the remedy available to it in law.
3. Pending application(s), if any, shall stand disposed of.
