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Shamsun Muktar vs Central Bank Of India And Ors

National Company Law Appellate Tribunal12 March 2024Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The order contains no reasoning of its own beyond declining to interfere. It records the respondent's submission that the Supreme Court in Dilip B Jiwrajka v Union of India upheld the validity of Section 95, but it does not adopt that proposition as the basis of its decision; the appeal is disposed of with a bare "we see no reason to entertain the Appeal." The rule on which the disposal rests is therefore not stated in the text. NO_RATIO: the order disposes of the appeal by a bare refusal to entertain it, and the only legal proposition in it is a counsel's submission about another case that the Tribunal does not itself adopt or reason from.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Insolvency) No. 1606 of 2023IN THE MATTER OF:

Shamsun Muktar ...Appellant(s)

Versus

Central Bank of India & Ors. ...Respondent(s)

Present: For Appellant : Mr. Dhruv Gupta, Advocate. For Respondents : Suchi Singh, Advocate for R-1. Darshit Dave, Advocate for R-2.

ORDER

(Hybrid Mode)

12.03.2024: This appeal has been filed against the order dated

26.10.2023, by which order, I.A. No. 4880 of 2023 filed by the Applicant to

pass an interim order on the ground that the constitutionality/validity of

Section 95(1) of the IBC is pending before the Hon'ble Supreme Court. The

Adjudicating Authority did not pass any interim order on the merit in Section

95 petition. The Appellant aggrieved by the said order has come up in this

Appeal.

2. The Leaned Counsel for the Respondent/Central Bank of India has filed

the Reply Affidavit which is taken on record.

3. The Learned Counsel for the Respondent submits that the Hon'ble

Supreme Court has already decided the matter in the case of 'Dilip B

Jiwrajka v Union of India' upholding the constitutionality/validity of

Section 95 qua, consequence of which is that proceedings under Section 95

has to be proceeded in accordance with law. -2-

4. We see no reason to entertain the Appeal. The Appeal is disposed of.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Arun Baroka] Member (Technical)

R.N./N.N.

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