2025 (7) TMI 1147

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.... DB<br>BOMBAY HIGH COURT - HC (Judgement / Order / Decisions)<br>Dated:- 17-7-2025<br>REVIEW PETITION (L) NO. 33425 OF 2024 IN WRIT PETITION (L) NO. 26313 OF 2024 WITH INTERIM APPLICATION (L) NO. 18572 OF 2025 - -<br>Corporate Laws<br>A.S. GADKARI AND DR. NEELA GOKHALE, JJ. For the Petitioner: Mr. Mathew J. Nedumpara with Ms. Hemali Kurne & Ms. Swetak A. Stasang, i/b. Nedumpara & Nedumpara,. For the Respondent Nos. 1 to 6: Mr. Sumedh Ruikar with Mr. Viraj Shelatkar, i/b. Pradip Yadav,. For the Respondent No. 7: Mr. Anshul Anjarlekar with Ms. Sanika Athalye, i/b. Rawal Shah & Co., For the Respondent No. 15-State: Ms. P. H. Kantharia, Government Pleader with Mr. Vikrant Parshurami, AGP,. For the Respondent No. 16: Mr. Pradeep ....

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....etermination of the issue in question was to request the NCLT to grant an opportunity to the Petitioner to be heard on the Company Petition No.322/IBC/MB/2023 filed by the TDB against the company of the Petitioner. Admittedly, most of the Orders passed by this Court and the NCLT, Mumbai Bench including the Orders dated 15th July 2024 assailed herein and especially the Order admitting the Company Petition filed by the Financial Creditors i.e, some of the Respondents herein against the Petitioner/Corporate Debtor are prior to the Judgment and Order dated 1st August 2024 passed by the Supreme Court in SLP(C) No. 7898 of 2024. The Apex court, while setting aside Judgment and Order dated 11th January 2024 passed by this Court, held the instructi....

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....hereon by all the parties. (ii) The Petitioner shall not take any adjournment before the NCLT during the hearing of the Company Petition as directed above. In case, the Petitioner seeks an adjournment, the NCLT is at liberty to impose exemplary costs on the Petitioner/Corporate Debtor as deemed fit by it or in the alternative, proceed to pass orders in the Company Petition. In such case, the status-quo as directed in Clause (i) here-in-above shall stand vacated forthwith and the CIRP shall continue notwithstanding the present Order. (iii) A chart detailing proceedings instituted by the Petitioner in various forums regarding the same issue is placed on record. The following proceedings pertaining the issue involved in this ....

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.... The Petitioner shall also withdraw any other proceeding initiated by her pertaining to the issue involved in the present Petition. (iv) The NCLT is requested to decide the aforesaid Company Petition at the earliest and preferably within a period of two weeks from the date of commencement of hearing of the Company Petition. The parties shall present themselves before the NCLT on 16th October 2024 at 10.30 a.m. and produce this Order before it. 6) The parties herein have agreed to the aforesaid conditions for requesting the NCLT to hear the Company Petition, which we accept. 7) These conditions are binding on all parties to this Petition, including the promoters, directors, managers, representatives etc., by whatev....