The court in the case observed and has set aside the National Company Law Appellate Tribunal, NCLAT wherein the Tribunal allowed the cash-strapped Jet Airways' ownership transfer to the Successful Resolution Applicant, SRA without complete payment in accordance with the resolution plan.
The court in the case observed and has directed the National Company Law Tribunal, NCLT Mumbai Bench to appoint a liquidator forthwith. The amount of Rs 200 crores paid by the SRA stands forfeited.
The bench comprising of Chief Justice of India DY Chandrachud and Justice JB Pardiwala and Justice Manoj Misra was hearing the present matter.
The bench in the case reserved the judgment dated October 16.
The National Company Law Appellate Tribunal, NCLAT order was challenged by SBI-led lenders of the cash-strapped Airlines.
Illegalities in the NCLAT order allowing ownership transfer The bench headed by Justice Pardiwala in the case orally stated before the pronouncement that, 'The said litigation is an eyeopener and it has taught us many lessons about the IBC and the functioning of National Company Law Appellate Tribunal, NCLAT.
The court in the case held that the order of National Company Law Appellate Tribunal, NCLAT to allow the adjustment of the first tranche of payment of Rs 350 crores against the Performance Bank Guarantee, PBG was in flagrant disregard of the order of the Supreme Court dated January 18 and was perverse.
The court in its judgment observed that, 'This court have no doubt that the NCLAT acted contrary to settled legal principles... NCLAT incorrectly interpreted our order.
Observations Made By The Court:
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CHHATH SPARKS WAR FOR PURVANCHALI VOTES BETWEEN AAP AND BJP
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MCD unveils digital initiatives to streamline property tax collection for residents
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Air pollution in spike during Chhath Puja
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Govt to hire mist spray drones
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AAP MLA Jai Bhagwan Upkar booked for assaulting MCD officials
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15-20% rise in respiratory issues: AIIMS
Dr Madan also advised patients with respiratory problems to stay indoors and avoid exposure to outdoor activity.
Supreme Court Explains: When Can A Judgement Be Held Per Incurium?
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HC jails lawyer for 4 months over contemptuous remarks
The Delhi High Court has held a lawyer guilty of criminal contempt, sentencing him to four months' imprisonment for \"scandalising and lowering the dignity\" of courts through his remarks against judges.
Supreme Court Explains: When Can A Judgement Be Held Per Incurium?
The Supreme Court in the case M/S Bajaj Alliance General Insurance Co Ltd. versus Rambha Devi And Ors delivered the judgment wherein explaining when a judgment can be held as per incurium.
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