2022 (2) TMI 1251 - SCH - Insolvency and Bankruptcy

Supreme Court Extends Stay in Corporate Insolvency Resolution Process, Urges Prompt Resolution

The Supreme Court granted a stay of further proceedings in a Corporate Insolvency Resolution Process, extending it until the appeal is disposed of by the ... Grant of stay on the order - HELD THAT:- Interim order granted by this Court on 27.08.2021 and extended from time to time is further extended till the disposal of the Appeal before the NCLAT - the NCLAT is requested to dispose of the Company Appeal as expeditiously as possible. The appeal is disposed of. Issues involved:Interim order by NCLAT, Stay of NCLT order, Appeal against interim order, Extension of stay, Request for expeditious disposal, Liberty to respondent for early hearing.Interim Order by NCLAT:The Supreme Court heard an appeal against the interim order dated 23.08.2021 passed by the National Company Law Appellate Tribunal (NCLAT) declining to grant a stay of the Order dated 16.07.2021 by the National Company Law Tribunal (NCLT). The appellant was aggrieved by the interim impugned order and filed the appeal.Stay of NCLT Order:On 27.08.2021, the Supreme Court granted a stay of further proceedings in the Corporate Insolvency Resolution Process, which was subsequently extended multiple times. The interim order was further extended till the disposal of the appeal before the NCLAT.Appeal Against Interim Order:After hearing the counsel for both parties, the Supreme Court extended the interim order granted on 27.08.2021 until the disposal of the appeal before the NCLAT. The Court also requested the NCLAT to expedite the disposal of the Company Appeal.Extension of Stay:The Supreme Court extended the stay of proceedings in the Corporate Insolvency Resolution Process until the appeal is disposed of by the NCLAT, ensuring continuity of the stay granted earlier.Request for Expeditious Disposal:In response to the request for expeditious disposal, the Supreme Court directed the NCLAT to dispose of the Company Appeal as quickly as possible, emphasizing the need for a prompt resolution.Liberty to Respondent for Early Hearing:The respondent, Central Bank of India, was granted liberty to seek an early hearing of the matter before the NCLAT, allowing them the opportunity to expedite the proceedings from their end.This judgment reflects the Supreme Court's intervention in an appeal against an interim order by the NCLAT regarding the stay of proceedings in a Corporate Insolvency Resolution Process initiated by the NCLT. The Court extended the stay until the appeal is disposed of, urged the NCLAT to expedite the process, and granted the respondent the liberty to seek an early hearing. The decision ensures the continuation of the stay and emphasizes the importance of a swift resolution in the ongoing legal proceedings.