IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 12515 OF 2024
M/S. OVERDRIVE ELECTRONICS (P) LTD. ..... APPELLANT(S)
VERSUS M/S. CEMA ELECTRIC LIGHTING PRODUCTS INDIA PRIVATE LIMITED & ANR. ..... RESPONDENT(S)
O R D E R
We have some reservations about the observations made by the
National Company Law Appellate Tribunal1, Chennai, in the impugned
judgment vis-à-vis the implied admission in case a counter
affidavit/reply is not filed. In the facts of the present case,
the appellant, M/s. Overdrive Electronics (P) Ltd., could have also
relied upon the pleadings before the National Company Law
Tribunal2.
However, since there is an order of remand for fresh
consideration by the NCLT, we do not think it appropriate to issue
notice, as it will delay the proceedings. We would request the
NCLT to deal with the issue(s) expeditiously, without in any way
being influenced by its earlier order, the impugned judgment, and
the present order.
We also clarify that we have not expressed any opinion on the
merits of the case.
1 For short, “NCLAT.” 2 For short, “NCLT.”
Recording the aforesaid, the appeal is disposed of.
Pending application(s), if any, shall stand disposed of.
.................CJI. (SANJIV KHANNA)
..................J. (SANJAY KUMAR)
NEW DELHI; NOVEMBER 22, 2024.
ITEM NO.10 COURT NO.1 SECTION XVII