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        2021 (2) TMI 1183 - HC - Companies Law

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        High Court reviews pending proceedings, instructs counsel on judgments, adjourns for next hearing The High Court, led by Honourable Dr. Justice Vineet Kothari and Honourable Ms. Justice Gita Gopi, addressed the issue of pending proceedings before the ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                            High Court reviews pending proceedings, instructs counsel on judgments, adjourns for next hearing

                            The High Court, led by Honourable Dr. Justice Vineet Kothari and Honourable Ms. Justice Gita Gopi, addressed the issue of pending proceedings before the High Court/NCLT and their transfer. The Court instructed the counsel to provide printouts of relevant judgments for further review. The matter was adjourned for the next hearing. An administrative matter regarding representation was also resolved. The Court's emphasis on legal principles from prior cases demonstrates a meticulous approach to the legal complexities at hand.




                            Issues:
                            - Pendency of proceedings before the High Court/NCLT and transfer of proceedings

                            Analysis:
                            The High Court, presided over by Honourable Dr. Justice Vineet Kothari, along with Honourable Ms. Justice Gita Gopi, heard the matter brought to their notice by the learned counsel for the Appellants. The counsel referred to two significant case laws, namely Action Ispat & Power Pvt. Ltd. vs. Shyam Metalics & Energy Ltd. and Forech India Ltd. vs. Edelweiss Assets Reconstruction Company Ltd., which dealt with the pendency of proceedings before the High Court/NCLT and the transfer of such proceedings. The Court directed the learned counsel to produce the printouts of these judgments for further submissions on the issue. The matter was adjourned to be put up on 17.2.2021 for the next hearing.

                            Additionally, the Court ordered the deletion of the name of Mr. K.M. Parikh, learned counsel, as Mr. Baiju Bhagat, another learned counsel, was representing Respondent No. 3, Bank of Baroda. This administrative detail was noted in the oral order issued by Honourable Dr. Justice Vineet Kothari. The proceedings seemed to be at a preliminary stage, with the focus primarily on the legal principles and precedents established in the two cited cases regarding the transfer and pendency of proceedings before the High Court/NCLT. The Court's decision to seek further submissions based on these judgments indicates a thorough consideration of the legal aspects involved in the case before them.
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                            ActsIncome Tax
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