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2021 Supreme(SC) 141

A.M.KHANWILKAR, B.R.GAVAI, KRISHNA MURARI
KALPRAJ DHARAMSHI – Appellant
Versus
KOTAK INVESTMENT ADVISORS LTD. – Respondent


Advocates Appeared:
For the parties :Ruby Singh Ahuja, Kalpana Unadkat, Prateek Kumar, Tahira Karanjawala, Anupm Prakash, Raveena Rai, Utkarsh Maria, Anmol Jassal, for M/s KARANJAWALA & CO., Neeraj Kishan Kaul, Suresh D Dobhal, Nirmal Goenka, Shikhar Kumar, Gaurav Agrawal, K. V. Vishwanathan, Dheeraj Nair, Varghese Thomas, Vishrutyi Sahni, Shyam Divan, Pooja Mahajan, Avinash Amarnath, Mahima Singh, Avni Shrivastav, Ritesh Kumar, David Rao, M. S. Vishnu Sankar, Sriram Parakkat, Athira G. Nair, Atul Sharma for M/S LAWFIC Gaurav Agrawal, Advocates

JUDGMENT :

B.R. GAVAI, J.

1. Leave to file Civil Appeal in Diary No. 24125 of 2020 is granted.

2. All these appeals, assail the judgment and order of the National Company Law Appellate Tribunal, New Delhi (hereinafter referred to as “NCLAT”) dated 5.8.2020, passed in Company Appeal (AT) (Insolvency) Nos. 344-345 of 2020.

3. By the said judgment and order dated 5.8.2020, NCLAT has allowed the appeals filed by Kotak Investment Advisors Limited (hereinafter referred to as “KIAL”), respondent No.1 herein, aggrieved by two separate orders dated 28.11.2019 passed by National Company Law Tribunal, Mumbai Bench (hereinafter referred to as “NCLT” or “Adjudicating Authority”) in M.A. No.1039 of 2019 and M.A. No. 691 of 2019. NCLAT has set aside the said orders passed in the said M.As. M.A. No.1039 of 2019 was filed by KIAL objecting to grant of approval to the resolution plan submitted by Kalpraj Dharamshi and Rekha Jhunjhunwala, a consortium, (hereinafter referred to as “Kalpraj”), which is appellant in Civil Appeal Nos. 2943-2944 of 2020. NCLT has rejected the said M.A. Whereas, M.A. No. 6

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