Kundan Care Products Limited (s) v. Amit Gupta And Others (s).

Factual and Procedural Background

The matter is an appeal in which the appellant’s senior counsel, Mr. Kapil Sibal, stated that the issue raised is already pending determination before the Court in Civil Appeal No. 9241 of 2019. In response, the Court issued notice. Counsel for the first respondent (Ms. Pooja Mahajan) and for the second and third respondents (Mr. Ashish Rana) accepted notice.

The Court directed that a counter-affidavit be filed within two weeks, ordered that the present appeal be tagged with Civil Appeal No. 9241 of 2019, and granted an ad-interim stay of the operation of the impugned judgment and order of the National Company Law Appellate Tribunal in Company Appeal (AT) (Insolvency) No. 653 of 2020 until the next date of listing.

Legal Issues Presented

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

Arguments of the Parties

Appellant's Arguments

• The issue raised in the present appeal is already pending determination before the Court in Civil Appeal No. 9241 of 2019.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The order reflects a procedural approach. The Court noted the appellant’s submission that the same or a substantially similar issue is already under consideration in Civil Appeal No. 9241 of 2019. In view of that connection, the Court:

• Issued notice and recorded acceptance of notice by counsel for the respondents.
• Provided a timeline for the filing of a counter-affidavit (within two weeks).
• Directed that the present matter be tagged with Civil Appeal No. 9241 of 2019 to ensure coordinated consideration.
• Granted an ad-interim stay of the operation of the impugned National Company Law Appellate Tribunal judgment in Company Appeal (AT) (Insolvency) No. 653 of 2020 until the next listing, thereby preserving the status quo pending further orders.

No substantive analysis of the merits was undertaken at this stage; the interim order is based on the linkage to the pending civil appeal and the need to maintain interim protection.

Holding and Implications

AD-INTERIM STAY GRANTED; NOTICE ISSUED; MATTER TAGGED WITH CIVIL APPEAL NO. 9241 OF 2019.

Implications: The operation of the NCLAT judgment in Company Appeal (AT) (Insolvency) No. 653 of 2020 is stayed until the next date of listing. The respondents must file a counter-affidavit within two weeks. The appeal will proceed alongside Civil Appeal No. 9241 of 2019 for coordinated adjudication. The order is interim and procedural, with no determination on the merits and no new precedent set.