2020 (1) TMI 1436

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....ppellant : SRI R. SUBRAMANI, AAG A/W SRI VIKRAM HUILGOL, HCGP For the Respondent : SRI K.N. PHANINDRA, SR. ADVOCATE FOR SMT. VAISHALI HEGDE, ADVOCATE FOR R1 AND R2; SRI ADARSH GANGAL, ADVOCATE FOR R2(A); SRI MANJUNATH SREEDHAR HEGDE, ADVOCATE FOR R2(B TO E); SRI K.C.E. MANJUNATH FOR R2(F); SRI SRIKANTH PATIL K, ADVOCATE FOR R2(G); SRI SWAMINI G. MOHANAMBAL, ADVOCATE FOR R2(H); SRI B. R. SRIVATSA, ADVOCATE FOR R3 ORDER Heard the learned Additional Government Advocate appearing for the Petitioners and the learned Senior Counsel appearing for the first respondent. The first Petitioner is the State of Karnataka and the other two Petitioners are the officers of the State Government. 2. The following order was passed by the State of K....

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....lication made by Resolution Professional before NCLT wherein, he claimed a declaration that the order dated 26thSeptember 2018 is null and void. 5. When this petition came up for consideration on 12thSeptember 2019, this Court stayed the operation of the direction contained in paragraph 31 of the impugned order. Being aggrieved by the said order, the first respondent and others filed Civil Appeal Nos.9170, 9171, 9172 of 2019 before the Apex Court. By the judgment and order dated 3rd December 2019, the said appeals have dismissed. Our attention is invited to paragraph 45 of the said judgment and order whereby, the Apex Court has answered the first question formulated by it. Paragraph 45 reads thus: "45. Therefore, in fine, our an....

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....oid and stands set aside, cannot be sustained and the said finding will have to be set aside. In view of the findings rendered by the Apex Court which we have reproduced above, the direction 8 issued by NCLT under the impugned order will have to be held as illegal and the impugned order will have to be set aside. 8. The learned Senior Counsel appearing for the first respondent states that in view of the above decision and as a result of setting aside the impugned order, the order dated 26thSeptember 2018 will stand revived and therefore, the remedy of the first respondent to challenge the said order be kept open. 9. In view of the findings recorded by the Apex Court and in view of what we have held above, the order dated 26thSeptember....