ITEM NO.116 COURT NO.5 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). 5170/2022 MARS REMEDIES PVT LTD Appellant(s) VERSUS BDH INDUSTRIES LIMITED Respondent(s) (IA No. 50068/2023 - APPROPRIATE ORDERS/DIRECTIONS IA No. 98857/2022 - STAY APPLICATION) Date : 16-01-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE UJJAL BHUYAN For Appellant(s) : Mr. M.S.Vishnu Sankar,Adv. Ms. Isha Singh,Adv. Ms. Maneesha Sunil Kumar,Adv. Ms. Athira G.Nair,Adv. For M/S. Lawfic, AOR For Respondent(s) : Mr. Vivek Jain, AOR Mr. Mohit D. Ram, AOR UPON hearing the counsel the Court made the following O R D E R The learned counsel appearing for the parties mentioned this appeal for seeking adjournment. To be listed after old Criminal Appeals assigned to this Bench are disposed of. (ANITA MALHOTRA) (AVGV RAMU) AR-CUM-PS COURT MASTER
ITEM NO.121 COURT NO.6 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). 5170/2022 MARS REMEDIES PVT LTD Appellant(s) VERSUS BDH INDUSTRIES LIMITED Respondent(s) (IA No. 50068/2023 - APPROPRIATE ORDERS/DIRECTIONS IA No. 98857/2022 - STAY APPLICATION) Date : 04-09-2024 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH For Appellant(s) M/S. Lawfic, AOR For Respondent(s) Mr. Vivek Jain, AOR Mr. Mohit D. Ram, AOR UPON hearing the counsel the Court made the following O R D E R List on 16 th January, 2025. (ANITA MALHOTRA) (AVGV RAMU) AR-CUM-PS COURT MASTER
ITEM NO.56 COURT NO.8 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). 5170/2022 MARS REMEDIES PRIVATE LIMITED Appellant(s) VERSUS BDH INDUSTRIES LIMITED Respondent(s) (IA No. 50068/2023 - APPROPRIATE ORDERS/DIRECTIONS, IA No. 98857/2022 - STAY APPLICATION AND IA NO.73607/2024 – FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS) Date : 22-03-2024 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE UJJAL BHUYAN For Appellant(s) Mr. M.S. Vishnu Sankar, Adv. Mr. Koshy John, Adv. Mr. Sriram Parakkat, Adv. Ms. Athira G Nair, Adv. Ms. Viddusshi, Adv. M/S. LAWFIC, AOR For Respondent(s) Mr. Vivek Jain, AOR Mr. Navin G. Pahwa, Sr. Adv. Mr. Mohit D. Ram, AOR UPON hearing the counsel the Court made the following O R D E R This statutory Appeal shall be treated as admitted for final hearing. List on 4 th September, 2024 for hearing. (ASHISH KONDLE) (AVGV RAMU) COURT MASTER (SH) COURT MASTER (NSH)
ITEM NO.50 COURT NO.7 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). 5170/2022 MARS REMEDIES PVT LTD Appellant(s) VERSUS BDH INDUSTRIES LIMITED Respondent(s) (IA No. 50068/2023 - APPROPRIATE ORDERS/DIRECTIONS IA No. 50067/2023 - INTERVENTION APPLICATION IA No. 98857/2022 - STAY APPLICATION) Date : 08-01-2024 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE UJJAL BHUYAN For Appellant(s) Mr. M.S. Vishnu Sankar, Adv. Mr. Niranjan Reddy, Adv. Mr. Koshy John, Adv. Mr. Pavan Godiawla, Adv. Mr. Sriram Parakkat, Adv. Mr. Aditya Santosh, Adv. For M/S. Lawfic, AOR For Respondent(s) Mr. Vivek Jain, AOR Ms. Suchitra Kumbhat,Adv. Mr. Abhinav Jain,Adv. Mr. Rajat Jain,Adv. Mr. Mohit D. Ram, AOR Mr. Bhagirath N. Patel, Adv. Mr. Anubhav Sharma, Adv. Ms. Sthavi Asthana, Adv. UPON hearing the counsel the Court made the following O R D E R List on 13 th March, 2024. (ANITA MALHOTRA) (AVGV RAMU) AR-CUM-PS COURT MASTER
ITEM NO.33 COURT NO.15 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).5170/2022 MARS REMEDIES PVT LTD Appellant(s) VERSUS BDH INDUSTRIES LIMITED Respondent(s) (IA No. 50068/2023 - APPROPRIATE ORDERS/DIRECTIONS IA No. 50067/2023 - INTERVENTION APPLICATION IA No. 98857/2022 - STAY APPLICATION) Date : 02-05-2023 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN HON'BLE MR. JUSTICE PANKAJ MITHAL For Appellant(s) M/S. Lawfic, AOR Mr. Koshy John, Adv. Mr. M.s.vishnu Sankar, Adv. Mr. Pavan Godiawala, Adv. Mr. Sriram Parakkat, Adv. Ms. Athira G. Nair, Adv. Mr. Adithya Santosh, Adv. For Respondent(s) Mr. Vivek Jain, AOR Ms. Suchitra Kumbhat, Adv. Mr. Abhinav Jain, Adv. Ms. Honey Kumbhat, Adv. Mr. Rajat Jain, Adv. Mr. Navin G. Pahwa, Sr. Adv. Mr. Mohit D. Ram, AOR Mr. Ravi Pahwa, Adv. Ms. Monisha Handa, Adv. Mr. Rajul Shrivastav, Adv. Mr. Anubhav Sharma, Adv. UPON hearing the counsel the Court made the following O R D E R IA No. 50067/2023 - T his is an application for intervention filed by an unfortunate financial creditor. The financial creditor is seeking to intervene in the main appeal filed 1
by the corporate debtor against the order of admission passed in another Corporate Insolvency Resolution Process (CIRP) initiated by another financial creditor. We have heard the learned Senior counsel for the applicant seeking to intervene, the learned counsel appearing for the appellant in the main appeal who is the corporate debtor and the learned counsel appearing for the financial creditor who initiated the CIRP and who is arrayed as the respondent in the Civil Appeal. The respondent in the main Civil Appeal, filed a petition in CP(IB) NO.804/2019 under Section 7 of the Insolvency and Bankruptcy Code, 2016 (for short “IBC”) against the appellant in the main appeal. The NCLT (National Company Law Tribunal) dismissed the application. But NCLAT (National Company Law Appellate Tribunal) allowed the application, forcing the corporate debtor to come up with the above main appeal being C.A. No.5170/2022. In the above appeal, C.A. No.5170/2022, this Court passed an order on 26.09.2022 directing the issue of notice and also staying further proceedings in C.P.(IB) No.804/2019. The appeal is yet to be heard finally. In the meantime, another financial creditor of the appellant in the main Civil Appeal has come up with the application for intervention, with a very peculiar grievance. The grievance of the intervenor is that the corporate debtor defaulted in payment of certain amount, forcing him to independently file an application under Section 7 IBC, in CP(IB) No.300/2020. The said application was dismissed by the NCLT, but the said order reversed by the 2
NCLAT. As against the said order, the very same Corporate Debtor came up with a Civil Appeal No.4823/2022. But the said appeal was dismissed as withdrawn on 01.08.2022. In other words, the order passed by NCLAT on the application of the proposed intervenor under Section 7 IBC attained finality. But in the meantime, the other proceedings initiated by the respondent in the above Civil Appeal reached this Court and an interim stay was granted. On account of the stay so granted, the NCLT has now passed an order dated 12.01.2023 in the intervenor’s own application under Section 7 IBC. It is better to reproduced the order passed by the NCLT. It reads as follows: “Hence, we are of the considered view that the present application cannot be considered at this stage. However, the present applicant can avail the remedy of restoring the main application subject to the outcome of the appeal before Hon’ble Supreme Court in CP(IB) 804/2019.” As a result of the above order, the proposed intervenor is stuck. The CIRP initiated at the behest of the respondent in the above Civil Appeal is put on hold by this Court and the CIRP initiated by the proposed intervenor is put on hold by the NCLT. Therefore the intervenor is caught in the middle and hence he seeks appropriate directions. The main contention of the corporate debtor who is the appellant in the above main appeal is that there cannot be two CIRPs simultaneously going on against the same debtor. The said 3
contention is legally well-founded. But today, both CIRPs are on hold. This is despite the fact that the order passed in favour of the proposed intervenor in his own application under Section 7 IBC, by the NCLAT has attained finality and there is no impediment for the CIPR initiated by the proposed intervenor to proceed further. It is understandable that if the CIRP initiated by the respondent in the above civil appeal is on track. If it is not on track, at least the other CIPR should be allowed to proceed. The Corporate Debtor cannot be allowed to have benefit of the best of both the worlds. Therefore the intervention application is disposed of clarifying that the intervenor may again move an application before the NCLT for restoration and the NCLT shall pass fresh orders keeping in mind the above observations. The appeal may be listed for hearing in July, 2023. (RADHA SHARMA) (RENU BALA GAMBHIR) COURT MASTER (SH) COURT MASTER (NSH) 4
ITEM NO.801 COURT NO.14 SECTION XVII (MENTIONING) 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).5170/2022 MARS REMEDIES PVT LTD Appellant(s) VERSUS BDH INDUSTRIES LIMITED Respondent(s) Date : 12-04-2023 This appeal was mentioned today. CORAM : HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN HON'BLE MR. JUSTICE PANKAJ MITHAL For Appellant(s) M/S. Lawfic, AOR For Respondent(s) Mr. Vivek Jain, AOR Mr. Mohit D. Ram, AOR UPON being mentioned, the Court made the following O R D E R List on 02.05.2023. (RADHA SHARMA) (RENU BALA GAMBHIR) COURT MASTER (SH) COURT MASTER (NSH)
REVISED ITEM NO.63 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(s). 5170/2022 MARS REMEDIES PVT LTD Appellant(s) VERSUS BDH INDUSTRIES LIMITED Respondent(s) (IA No. 98857/2022 - STAY APPLICATION) Date : 26-09-2022 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE S. ABDUL NAZEER HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN For Appellant(s) Mr. Niranjan Reddy,Adv. Mr. Koshy John,Adv. Mr. Pavan Dodiawala,Adv. Mr. Sriram Parakkat,Adv. Mr. Vishnu Sankar,Adv. Mr. Aditya Santhosh,Adv. For M/S Lawfic, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. Until further orders, there shall be stay of all further proceedings as regards the Resolution Process (CIRP) in CP (IB) 804 of 2019 pending before the National Company Law Tribunal, Ahmedabad. (ANITA MALHOTRA) (KAMLESH RAWAT) AR-CUM-PS COURT MASTER
ITEM NO.63 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(s). 5170/2022 MARS REMEDIES PVT LTD Appellant(s) VERSUS BDH INDUSTRIES LIMITED Respondent(s) (IA No. 98857/2022 - STAY APPLICATION) Date : 26-09-2022 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE S. ABDUL NAZEER HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN For Appellant(s) Mr. Niranjan Reddy,Adv. Mr. Koshy John,Adv. Mr. Pavan Dodiawala,Adv. Mr. Sriram Parakkat,Adv. Mr. Vishnu Sankar,Adv. Mr. Aditya Santhosh,Adv. For M/S Lawfic, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. Until further orders, there shall be stay of all further proceedings as regards the Resolution Plan in CP (IB) 804 of 2019 pending before the National Company Law Tribunal, Ahmedabad. (ANITA MALHOTRA) (KAMLESH RAWAT) AR-CUM-PS COURT MASTER
ITEM NO.25 COURT NO.5 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). 5170/2022 MARS REMEDIES PVT LTD Appellant(s) VERSUS BDH INDUSTRIES LIMITED Respondent(s) (IA No. 98857/2022 - STAY APPLICATION) Date : 22-09-2022 These matters were called on for hearing today. CORAM : HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE J.K. MAHESHWARI For Appellant(s) Mr. M.S. Vishnu Sankar, Adv. Mr. Sriram P., Adv. M/S Lawfic, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R On being mentioned, the matter is taken on Board. List on 26.09.2022 before an appropriate Bench. (GULSHAN KUMAR ARORA) (MATHEW ABRAHAM) AR-CUM-PS COURT MASTER (NSH)
ITEM NO.5 COURT NO.6 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). 5170/2022 MARS REMEDIES PVT LTD Appellant(s) VERSUS BDH INDUSTRIES LIMITED Respondent(s) (IA No. 98857/2022 - STAY APPLICATION) Date : 12-08-2022 These matters were called on for hearing today. CORAM : HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN For Appellant(s) M/S Lawfic, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R In terms of the letter circulated by learned counsel for the petitioner, the matter is adjourned for two weeks. (GULSHAN KUMAR ARORA) (MATHEW ABRAHAM) AR-CUM-PS COURT MASTER (NSH)
ITEM NO.1707 COURT NO.10 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 Diary No. 10268/2022 MARS REMEDIES PVT LTD Petitioner(s) VERSUS BDH INDUSTRIES LIMITED Respondent(s) (FOR ADMISSION and IA No.98857/2022-STAY APPLICATION and IA No.98856/2022-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS ) Date : 04-08-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DINESH MAHESHWARI [IN CHAMBER] For Petitioner(s) Mr. M.S. Vishnu Sankar, Adv. Ms. Athira G. Nair, Adv. M/S Lawfic, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay in refiling the civil appeal is condoned. (NEETA SAPRA) (RANJANA SHAILEY) COURT MASTER (SH) COURT MASTER (NSH)