CM(M) 932/2022

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$~52

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CM(M) 932/2022 & CM APPL. 39695/2022, CM APPL.

39696/2022

RCI INDUSTRIES AND TECHNOLOGIES LTD..... Petitioner

Through:

Mr. Mohit Chaudhary and Ms.

Mahima Ahuja, Advs.

versus

ADJUDICATING AUTHORITY (NCLT-III) & ORS.

..... Respondents

Through:

Mr. Krishnendu Datta, Sr. Adv.

with Ms Vatsala Rai, Adv. for Respondent 2

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR

J U D G M E N T (ORAL)

%

12.09.2022

1.

The prayer in this petition, under Articled 227 of the

Constitution of India, is essentially to guide the learned National

Company Law Tribunal (“the learned NCLT”) on how to adjudicate

cases pending before it.

2.

Such a prayer, in my view, is completely untenable in law and

an attempt at even countenancing such a prayer would amount to

serious judicial overreach.

3.

The proceedings emanate from a petition under Section 9 of the

Insolvency and Bankruptcy Code (IBC), instituted by the Standard

Chartered Singapore (SCS) before the learned NCLT. It appears that,

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003636

CM(M) 932/2022

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