Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Case Number
Advocates
  • Mr. Kapil Sibal, Senior Advocate with Ms. Shally Bhasin, Mr. Chaitanya Safaya and Mr. Prateek Gupta, Advocates ;
  • Ms. Maninder Acharya, ASG with Mr. Aman Malik and Farman Ali, Advocates for Department of Telecom, Advocate
  • Mr. Anil Kher and Mr. Bhargav Desai, Senior Advocates with Mr. Praveen Mittal, Mr. Kunal Kher and Ms. Disha Bajaj, Advocates for R-1;
  • Mr. Ramji Srinivasan, Sr. Advocate with Mr. Malak Bhatt, Ms. Shriya Raychudhuri, Advocates for R-5;
  • Mr. Sanjay Kapur, Ms. Megha Karnwal, Mr. Bharath Gangadharan, Advoates for SBI;
  • Ms. Geetanjali Shahi, Advocate for Standard Chartered Bank;
Judges
  • S.J. Mukhopadhaya
  • Chairperson
  • Bansi Lal Bhat, Member (Judicial)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Click here to upload
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Advocates
  • Mr. Kapil Sibal, Senior Advocate with Ms. Shally Bhasin, Mr. Chaitanya Safaya and Mr. Prateek Gupta, Advocates ;
  • Ms. Maninder Acharya, ASG with Mr. Aman Malik and Farman Ali, Advocates for Department of Telecom, Advocate
  • Mr. Anil Kher and Mr. Bhargav Desai, Senior Advocates with Mr. Praveen Mittal, Mr. Kunal Kher and Ms. Disha Bajaj, Advocates for R-1;
  • Mr. Ramji Srinivasan, Sr. Advocate with Mr. Malak Bhatt, Ms. Shriya Raychudhuri, Advocates for R-5;
  • Mr. Sanjay Kapur, Ms. Megha Karnwal, Mr. Bharath Gangadharan, Advoates for SBI;
  • Ms. Geetanjali Shahi, Advocate for Standard Chartered Bank;
Judges
  • S.J. Mukhopadhaya
  • Chairperson
  • Bansi Lal Bhat, Member (Judicial)
See more information ...
Smart Summary

Factual and Procedural Background

The Appellant(s), through Mr. Kapil Sibal, sought permission to withdraw all appeals in view of an order passed by the Hon'ble Supreme Court on 24 April, 2019 in Writ Petition (Civil) No. 845 of 2018 (Reliance Communications Limited v. State Bank of India). Counsel for the Respondents raised no objection. The court heard counsel and, noting the cited Supreme Court order and that "nothing subsist in these appeals," permitted withdrawal, vacated interim orders, directed the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench to proceed according to law, and fixed a date (7 May, 2019) for the parties to appear before the NCLT for orders. All appeals with applications and interlocutory applications were disposed of.

Legal Issues Presented

The opinion addresses a procedural matter and does not frame distinct legal issues.

Arguments of the Parties

Appellant's Arguments

  • Mr. Kapil Sibal, learned senior counsel for the Appellant(s), requested permission to withdraw all appeals in light of the Supreme Court's order dated 24 April, 2019 in Writ Petition Civil No. 845 of 2018 (Reliance Communications Limited v. State Bank of India).

Respondents' Arguments

  • Learned counsel for the Respondents stated they had no objection to the withdrawal of the appeals.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Writ Petition Civil No. 845 of 2018 - ‘Reliance Communications Limited v. State Bank of India’ on 24 April, 2019 The court relied on the Supreme Court order as rendering the present appeals moot (stated in the opinion as "nothing subsist in these appeals"). On the basis of that Supreme Court order the court allowed the Appellants to withdraw all appeals, vacated all interim orders, and directed the Adjudicating Authority (NCLT) to proceed in accordance with law.

Court's Reasoning and Analysis

The court's reasoning was succinct and procedural. After hearing learned counsel for the parties, the court relied on the order of the Hon'ble Supreme Court dated 24 April, 2019 in Writ Petition Civil No. 845 of 2018 (Reliance Communications Limited v. State Bank of India). The court concluded that, in view of that Supreme Court order, "nothing subsist in these appeals." Consequently, the court found it appropriate to allow the Appellants to withdraw the appeals. As a necessary procedural consequence, the court vacated all interim orders previously in place and directed the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, to proceed with the matter in accordance with law. The court additionally permitted the Appellant(s) and others to place this order before the NCLT, which was instructed to list the case "for orders" on 7 May, 2019 for appearance by the parties.

Holding and Implications

Core Ruling: Appeals withdrawn and disposed of.

Direct consequences:

  • The Appellants were allowed to withdraw all appeals.
  • All interim orders passed in these appeals were vacated.
  • The Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, was directed to proceed with the matter in accordance with law and to list the case "for orders" on 7 May, 2019 for the parties to appear.
  • All appeals with applications and interlocutory applications stand disposed of with the observations recorded in the order.

The opinion does not discuss broader legal implications or establish a new precedent beyond the disposition of these appeals; its effect is the procedural disposal and return of the matter to the NCLT for further proceedings consistent with the Supreme Court's order.

Show full summary ...

    Punit Garg v. Ericsson India Pvt. Ltd. And Another

    1. Mr. Kapil Sibal, learned senior counsel appearing on behalf of the Appellant(s) sought permission to withdraw all appeals in the light of order passed by the Hon'ble Supreme Court on 24 April, 2019 in Writ Petition (Civil) No. 845 of 2018, etc. Learned counsel for the Respondents have no objection to the same.

    2. Having heard learned counsel for the parties and in view of the order passed by the Hon'ble Supreme Court in Writ Petition Civil No. 845 of 2018 - ‘Reliance Communications Limited v. State Bank of India’ on 24 April, 2019 as nothing subsist in these appeals, we allow the Appellants to withdraw all these appeals. All the Interim Orders passed in these appeals are vacated. The Adjudicating Authority (National Company Law Tribunal) will proceed with the matter in accordance with law.

    3. The Appellant(s) and others are allowed to bring this order to the notice of the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, who will fix the case ‘for orders’ on 7 May, 2019, on which date the parties will appear.

    4. All the appeals with applications and Interlocutory Applications stands disposed of with aforesaid observations.

    Use AI to get other relevant cases.
    Try AI Pro free for 7 days Upgrade to AI Pro

    Comments

    Punit Garg v. Ericsson India Pvt. Ltd. And Another
    (Apr 30, 2019)