1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 854/2020 URBAN INFRASTRUCTURE TRUSTEES LIMITED Appellant(s) VERSUS NEELKANTH REALTY PRIVATE LIMITED Respondent(s) O R D E R This Statutory appeal takes exception to the order dated 25.11.2019 passed by the National Company Law Appellate Tribunal 1 , New Delhi in Company Appeal (AT) (Insolvency) No.286 of 2019. The application preferred by the present appellant under Section 7 of the Insolvency and Bankruptcy Code, 2016 in respect of claim to an amount of Rs.7,23,34,059/- was the subject matter of dispute before the National Company Law Tribunal 2 . The rejection of said application was affirmed in appeal by the NCLAT which order is presently under challenge. 1 “the NCLAT” for short 2 “the NCLT” for short
2 We have heard Mr. Arvind P. Datar, learned Senior Advocate for the appellant and Mr. Shyam Divan, learned Senior Advocate for the respondent. It appears that an application under Section 11 of the Arbitration and Conciliation Act, 1996 being Commercial Arbitration Application No.107 of 2020 [(L):77] has been preferred by the present appellant which is still pending consideration before the Commercial Division of the High Court. We need not record and go into the rival submissions as Mr. Divan fairly states that his client is willing to deposit the sum of Rs.7,23,34,059/- in said Commercial Arbitration Application No.107 of 2020 [(L):77] which deposit may abide by such orders as may be passed in said application. In the circumstances, it is directed that: (a) An amount of Rs.7,23,34,059/- shall be deposited by the respondent to the credit of said Commercial Arbitration Application within two weeks from today. (b) It shall be open to the concerned Court to pass such orders with respect to that amount, as may be deemed appropriate in accordance with law. (c) All rights and contentions of the parties are left open. (d) Any of the observations made by the NCLT and NCLAT shall not be taken to be reflection on merits of the matter.
3 With these observations, the instant appeal stands disposed of. No costs. …………………………… .J. (UDAY UMESH LALIT) …………………………… .J. (S. RAVINDRA BHAT) New Delhi, August 12, 2022
4 ITEM NO.30 COURT NO.2 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 854/2020 URBAN INFRASTRUCTURE TRUSTEES LIMITED Appellant(s) VERSUS NEELKANTH REALTY PRIVATE LIMITED Respondent(s) (IA No. 19190/2020 - STAY APPLICATION) Date : 12-08-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE S. RAVINDRA BHAT For Appellant(s) Mr. Arvind P. Datar, Sr. Adv. Mr. Pratap Venugopal, Adv. Ms. Surekha Raman, Adv. Mr. Akhil Abraham Roy, Adv. Mr. Vijay Valson, Adv. M/S. K J John And Co, AOR For Respondent(s) Mr. Shyam Divan, Sr. Adv. Mr. Saket Mone, Adv. Mr. Vishesh Kalra, Adv. Ms. Priyashree Sharma Ph., Adv. Mr. Syed Faraz Alam, Adv. Mr. Shrey Shah, Adv. Mr. Uday Aditya, Adv. Mr. Kush Chaturvedi, AOR UPON hearing the counsel the Court made the following O R D E R The appeal is disposed of in terms of the signed order. Pending applications, if any, shall stand disposed of. (INDU MARWAH) (VIRENDER SINGH) COURT MASTER (SH) BRANCH OFFICER (SIGNED ORDER IS PLACED ON THE FILE)
ITEM NO.34 COURT NO.2 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 854/2020 URBAN INFRASTRUCTURE TRUSTEES LIMITED Appellant(s) VERSUS NEELKANTH REALTY PRIVATE LIMITED Respondent(s) (IA No. 19190/2020 - STAY APPLICATION) Date : 05-08-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MR. JUSTICE S. RAVINDRA BHAT For Appellant(s) Mr. Pratap Venugopal, Adv. Ms. Surekha Raman, Adv. Ms. MumtazAyushi Gaur, Adv. Mr. Akhil Abraham Roy, Adv. Mr. Vijay Valson, Adv. M/S. K J John And Co, AOR For Respondent(s) Mr. Shyam Divan, Sr. Adv. Mr. Saket Mone, Adv. Ms. Prerna Priyadarshini, Adv Mr. Vishesh Kalra, Adv. Ms. Priyashree Sharma Ph., Adv Mr. Shrey Shah, Adv. Mr. Syed Faraz Alam, Adv. Mr. Kush Chaturvedi, AOR Mr. Uday Aditya, Adv. UPON hearing the counsel the Court made the following O R D E R The matter is adjourned to 12.08.2022. (INDU MARWAH) (ANITA RANI AHUJA) COURT MASTER (SH) ASSISTANT REGISTRAR
ITEM NO.30 COURT NO.2 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 854/2020 URBAN INFRASTRUCTURE TRUSTEES LIMITED Appellant(s) VERSUS NEELKANTH REALTY PRIVATE LIMITED Respondent(s) (IA No. 19190/2020 - STAY APPLICATION) Date : 01-08-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE S. RAVINDRA BHAT For Appellant(s) Mr. Pratap Venugopal, Adv. Ms. Surekha Raman, Adv. Ms. Ayushi Gaur, Adv. Mr. Akhil Abraham Roy, Adv. Mr. Vijay Valson, Adv. M/S. K J John And Co, AOR For Respondent(s) Mr. Shyam Divan, Sr. Adv. Mr. Saket Mone, Adv. Mr. Vishesh Kalra, Adv. Ms. Priyashree Sharma Ph., Adv Mr. Shrey Shah, Adv. Mr. Syed Faraz Alam, Adv. Mr. Kush Chaturvedi, AOR Mr. Uday Aditya, Adv. UPON hearing the counsel the Court made the following O R D E R The matter is adjourned to 05.08.2022. (INDU MARWAH) (VIRENDER SINGH) COURT MASTER (SH) BRANCH OFFICER
ITEM NO.23 REGISTRAR COURT. 1 THROUGH VIDEO CONFERENCE SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. ANIL LAXMAN PANSARE Civil Appeal No(s). 854/2020 URBAN INFRASTRUCTURE TRUSTEES LIMITED Appellant(s) VERSUS NEELKANTH REALTY PRIVATE LIMITED Respondent(s) Date : 17 - 11 - 2020 This appeal was called on for hea ring today. For Appellant(s) Mr. Pratap Venugopal, Adv. Ms. Surekha Raman, Adv. Ms. Ayushi Gaur, Adv. Mr. Akhil Abraham Roy, Adv. Mr. Vijay Valson, Adv. M/S. K J John And Co, AOR For Respondent (s) Mr. Kush Chaturvedi, AOR UPON hearing the counsel through Video Conference, the Court made the following O R D E R Last opportunity is granted to the sole respondent for filing counter affidavit within four weeks. Registry to process the matter for listing before the Hon'ble Court after completion of period of four weeks whether counter affidavit is filed or not as further opportunity stands declined. ANIL LAXMAN PANSARE Registrar
ITEM NO.23 REGISTRAR COURT. 1 THROUGH VIDEO CONFERENCE SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. ANIL LAXMAN PANSARE Civil Appeal No(s). 854/2020 URBAN INFRASTRUCTURE TRUSTEES LIMITED Appellant(s) VERSUS NEELKANTH REALTY PRIVATE LIMITED Respondent(s) Date : 07 - 10 - 2020 This appeal was called on for hearing t oday. For Appellant(s) Mr. Pratap Venugopal, Adv. Ms. Surekha Raman, Adv. Ms. Ayushi Gaur, Adv. Mr. Akhil Abraham Roy, Adv. M/S. K J John And Co, AOR For Respondent(s) Ms. Smriti Churiwal, Adv. Ms. Priyashree Sharma Ph, Adv. Mr. Kush Chaturvedi, AOR UPON hearing the counsel through Video Conference, the Court made the following O R D E R Vakalatnama on behalf of the sole respondent has been filed on 6.10.2020. Four weeks' time is granted to the sole respondent for filing counter affidavit. List again on 17.11.2020. ANIL LAXMAN PANSARE Registrar
ITEM NO.15 COURT NO.4 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No. 854/2020 URBAN INFRASTRUCTURE TRUSTEES LIMITED Appellant(s) VERSUS NEELKANTH REALTY PRIVATE LIMITED Respondent(s) (With IA No.19191/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.19190/2020-STAY APPLICATION) Date : 10-02-2020 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE S. RAVINDRA BHAT For Appellant(s) Mr. Arvind P. Datar, Sr. Adv. Mr. Pratap Venugopal, Adv. Ms. Surekha Raman, Adv. Ms. Viddushi, Adv. Ms. Ayushi Gaur, Adv. Mr. Akhil Abraham Roy, Adv. M/s. K J John and Co, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice, returnable in four weeks. Dasti service, in addition, is permitted. (NIDHI AHUJA) (NISHA TRIPATHI) AR-cum-PS BRANCH OFFICER