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Disposition

allowed

Attorney(S)
  • K.K. Venugopal, Attorney General, Tushar Mehta, Additional Solicitor General, Ajit Kr. Sinha, K.V. Viswanathan, Ms V. Mohana, Dr A.M. Singhvi, Kapil Sibal, Mukul Rohatgi, Parag P. Tripathi, Neeraj Kishan Kaul, Shekhar Naphade and C.A. Sundaram, Senior Advocates [Manoj Goel, Naman Kamboj, Shuvodeep Roy (Advocate-on-Record), Fuzail Ahmad Ayyubi (Advocate-on-Record), Ashwarya Sinha (Advocate-on-Record), Ms Priyanka Sinha, Srijan Sinha, Ms Ajita Tandon, Ms Ameya Vikrama Thanvi, Ms Alankrita Sinha, Ms Mohini Priya, Girik Bhalla, Ms Mohna (Advocate-on-Record), Ms Gitali Talukdar, Ms Madhavi Divan, Ms Nidhi Khanna, Ayush Puri, Harish V. Shanker, Ms Nisha Mohandas, Ms Anil Katiyar (Advocate-on-Record), Varinder Kr. Sharma (Advocate-on-Record), Ms Parul Sharma, Nakul Dewan, Pradhuman Gohil, Ms Taruna Singh Gohil (Advocate-on-Record), Himanshu Chaubey, Ms Neelu Mohan, Zain Maqbool, Naveen Kumar (Advocate-on-Record), Ashok Jain, Pankaj Jain, Bijoy Kr. Jain (Advocate-on-Record), Aj, Amit Sharma (Advocate-on-Record), Dipesh Sinha, Ms Ayiala Imiti, Ajit Sharma (Advocate-on-Record), M/s UNUC Legal LLP, Ms Swarupama Chaturvedi (Advocate-on-Record), B.N. Dubey, Kumar Gaurav, Bishwajit Dubey, L. Viswanathan, Ms Surabhi Khattar, M/s Cyril Amarchand Mangaldas (Advocate-on-Record), Sandeep Devashish Das (Advocate-on-Record), Anupam Lal Das (Advocate-on-Record), Vishal Gupta, Anirudh Singh, Krishanu Barua, Kumar Mihir, Sumant Batra, Sanjay Bhatt, Abhishek Agarwal, Shankh Sengupta, Ramakant Rai, Anurag Misra, Raghavendra M. Bajaj, Divyanshu Kr. Srivastava, Vivekananda, Vinay Vaish, Ms Kavita Jha, Vaibhav Kulkarni, T. Harish Kumar, V. Vasudevan, Navneet Dugar, Ms Aparna Bhat, Mayank K. Supra, Ms Joshita Puri, Mangaljit Mukherjee, Ms Debarpita Basu Mukherjee, Rachit Mittal, Ms Tanvi Aggarwal, Dr Kailash Chand, Ravindra Kumar, Ambhoj Kr. Sinha, Pukhrambam Ramesh Kumar, Uday Manaktala, Rajiv Virmani, Gaurav Jain, Atul Malhotra and Yadav Narender Singh, Advocates] for the appearing parties.
Judges
  • Dipak Misra, C.J.
  • A.M. Khanwilkar
  • Dr D.Y. Chandrachud, JJ.
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition

allowed

Attorney(S)
  • K.K. Venugopal, Attorney General, Tushar Mehta, Additional Solicitor General, Ajit Kr. Sinha, K.V. Viswanathan, Ms V. Mohana, Dr A.M. Singhvi, Kapil Sibal, Mukul Rohatgi, Parag P. Tripathi, Neeraj Kishan Kaul, Shekhar Naphade and C.A. Sundaram, Senior Advocates [Manoj Goel, Naman Kamboj, Shuvodeep Roy (Advocate-on-Record), Fuzail Ahmad Ayyubi (Advocate-on-Record), Ashwarya Sinha (Advocate-on-Record), Ms Priyanka Sinha, Srijan Sinha, Ms Ajita Tandon, Ms Ameya Vikrama Thanvi, Ms Alankrita Sinha, Ms Mohini Priya, Girik Bhalla, Ms Mohna (Advocate-on-Record), Ms Gitali Talukdar, Ms Madhavi Divan, Ms Nidhi Khanna, Ayush Puri, Harish V. Shanker, Ms Nisha Mohandas, Ms Anil Katiyar (Advocate-on-Record), Varinder Kr. Sharma (Advocate-on-Record), Ms Parul Sharma, Nakul Dewan, Pradhuman Gohil, Ms Taruna Singh Gohil (Advocate-on-Record), Himanshu Chaubey, Ms Neelu Mohan, Zain Maqbool, Naveen Kumar (Advocate-on-Record), Ashok Jain, Pankaj Jain, Bijoy Kr. Jain (Advocate-on-Record), Aj, Amit Sharma (Advocate-on-Record), Dipesh Sinha, Ms Ayiala Imiti, Ajit Sharma (Advocate-on-Record), M/s UNUC Legal LLP, Ms Swarupama Chaturvedi (Advocate-on-Record), B.N. Dubey, Kumar Gaurav, Bishwajit Dubey, L. Viswanathan, Ms Surabhi Khattar, M/s Cyril Amarchand Mangaldas (Advocate-on-Record), Sandeep Devashish Das (Advocate-on-Record), Anupam Lal Das (Advocate-on-Record), Vishal Gupta, Anirudh Singh, Krishanu Barua, Kumar Mihir, Sumant Batra, Sanjay Bhatt, Abhishek Agarwal, Shankh Sengupta, Ramakant Rai, Anurag Misra, Raghavendra M. Bajaj, Divyanshu Kr. Srivastava, Vivekananda, Vinay Vaish, Ms Kavita Jha, Vaibhav Kulkarni, T. Harish Kumar, V. Vasudevan, Navneet Dugar, Ms Aparna Bhat, Mayank K. Supra, Ms Joshita Puri, Mangaljit Mukherjee, Ms Debarpita Basu Mukherjee, Rachit Mittal, Ms Tanvi Aggarwal, Dr Kailash Chand, Ravindra Kumar, Ambhoj Kr. Sinha, Pukhrambam Ramesh Kumar, Uday Manaktala, Rajiv Virmani, Gaurav Jain, Atul Malhotra and Yadav Narender Singh, Advocates] for the appearing parties.
Judges
  • Dipak Misra, C.J.
  • A.M. Khanwilkar
  • Dr D.Y. Chandrachud, JJ.
See more information ...
Smart Summary

Factual and Procedural Background

This order concerns IA No. 78870 of 2017 filed in WP (C) No. 744 of 2017. The Court issues directions for service of documents on specified counsel, grants permission to file certain materials in sealed cover, allows multiple impleadment applications (including those by homebuyers and a lending bank), and fixes a further listing along with IA No. 102471 of 2017.

Legal Issues Presented

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

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The order records procedural directions: (i) a copy of the proposal is to be handed to counsel assisting the Attorney General for India, the Additional Solicitor General representing the Insolvency and Bankruptcy Board of India, and senior counsel representing the Interim Resolution Professional (IRP); (ii) a copy of the petition is to be served on a senior counsel previously directed by the Court to participate in Committee of Creditors meetings; (iii) liberty is granted to the IRP’s senior counsel to file the action plan and information memorandum in a sealed cover; (iv) impleadment applications by homebuyers are allowed; and (v) the impleadment application by a bank that lent money to the homebuyers is also allowed. The matter is directed to be listed further with another interlocutory application on a specified date and time.

Holding and Implications

ALLOWED (IN PART): The Court allowed all interlocutory applications for impleadment by homebuyers and also allowed the bank’s impleadment application, granted liberty to file specified documents in sealed cover, and directed service of the proposal/petition on identified counsel.

Implications: Homebuyers and the lending bank are permitted to be impleaded in the proceedings; relevant stakeholders are supplied with the proposal/petition; the action plan and information memorandum may be submitted confidentially in sealed cover; and the interlocutory applications are scheduled for further hearing along with IA No. 102471 of 2017. The order does not indicate any broader legal implications or creation of new precedent.

Show full summary ...

    Chitra Sharma And Others v. Union Of India And Others

    Order

    IA No. 78870 of 2017 in WP (C) No. 744 of 2017

    Let a copy of the proposal be handed over to the learned counsel assisting Mr K.K. Venugopal, learned Attorney General for India; Mr Tushar Mehta, learned Additional Solicitor General representing the Insolvency and Bankruptcy Board of India and Mr Parag P. Tripathi, learned Senior Counsel, who represents the Interim Resolution Professional (IRP). A copy of the petition also be served on Mr Shekhar Naphade, learned Senior Counsel, who has been directed by this Court to participate in the meetings of the Committee of Creditors. Liberty is granted to Mr Tripathi to file the action plan and the information memorandum in a sealed cover. All the interlocutory applications for impleadment filed on behalf of the homebuyers stand allowed. The interlocutory application filed by the Bank that has lent money to the homebuyers also stands allowed. Let this interlocutory application along with IA No. 102471 of 2017 be listed at 3 p.m. on 25-10-2017.

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    Comments

    Chitra Sharma And Others v. Union Of India And Others
    (Oct 23, 2017)