Tribunals and CommissionsDivision Bench(2025) 01 NCLAT CK 1916

Union Of India vs Infrastructure Leasing And Financial Services Ltd. & Ors.

National Company Law Appellate Tribunal · Decided on 23 January 2025

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Barun Mitra, Member (Technical)
CASE NUMBER
Company Appeal (AT) No. 346 of 2018 & Company Appeal (AT) No. 347 of 2018

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Judgment

68 paragraphs · 997 words

23.01.2025 : I.A. No. 5174 & 5868/2024

1.

Learned Sr. Counsel Mr. Ramji Srinivasan appearing for the IL&FS prays for and is allowed two weeks as a last opportunity to file the Reply.

2.

Rejoinder may be filed within one week thereafter.

List these Applications on 28th February, 2024 at 02:00 PM.

I.A. No. 2301/2023

1.

This Application has been filed by the IL&FS seeking for certain directions against the PNB to comply with the Order dated 11.05.2023 in I.A. No. 1709 of 2022 & Order dated 10.12.2024.

2.

Learned Counsel appearing for the PNB submits that in pursuance of the communication received from JIICL, certain amounts have been paid and instructions shall be obtained in respect of the balance amount, if any.

List this Application on 28th February, 2025 at 02:00 PM.

I.A. No. 5031, 5033/2023 & I.A. No. 8648/2024

1.

I.A. No. 5031 & 5033/2023 has been filed by the ILFS seeking categorisation/re-categorisation as “Red”.

2.

Learned Sr. Counsel Mr. Arun Kathpalia seeks time to obtain instructions with regard to financial position of JIICL and JRPICL.

List these Applications on 28th February, 2025 at 02:00 PM.

It shall be open for the Respondent to file an Affidavit before the date fixed. It is further directed that in event any amount towards annuity is received from Government of Jharkhand, the distribution shall take place after leave of the Court.

I.A. No. 5036/2023

As prayed, list this Application on 28th February, 2025 at 02:00 PM.

I.A. No. 466/2024

1.

Learned Counsel for the IL&FS submits that Reply has been received only yesterday. He prays for and is allowed two weeks time to file the Rejoinder.

2.

Respondents and Applicant may also file the physical copies.

3.

For Respondent No. 3, Reply if any, may also be filed within two weeks.

List this Application on 28th February, 2025 at 02:00 PM.

I.A. No. 919 & 1607/2024

As prayed by the Applicant, list these Applications on 28th February, 2025 at 02:00 PM.

I.A. No. 2164 & 2165/2024

1.

This is an Application seeking impleadment of Government of Jharkhand.

2.

Learned Sr. Counsel Mr. Ramji Srinivasan submits that Government of Jharkhand has already been directed to be impleaded, however, they have not appeared.

Recording the aforesaid statement, we dispose of both these Applications.

I.A. No. 2001/2024

List this Application on 28th February, 2025 at 02:00 PM.

I.A. Nos. 2470 & 2484/2024

1.

This is an Application filed by the ARCIL and Ultra Tech Cement seeking a direction to release payment due to the Applicant and in the alternative to instruct the Bank to invoke the Bank Guarantee for an equal amount.

2.

Learned Sr. Counsel Mr. Ramji Srinivasan appearing for the Respondent submits that prayers for invocation of Bank Guarantee has already been considered and refused by earlier Order passed by this Tribunal.

3.

We, thus are not inclined to issue any direction for invocation of the Bank Guarantee. We, however are of the view that the concerned Bank may renew the Bank Guarantee for further period of 6 months.

Both the Applications are disposed of accordingly.

I.A. No. 2568/2024

1.

Learned Counsel for the IL&FS submits that this Application has already been disposed of on 22.11.2024.

2.

On 22.11.2024, we passed the following Orders:

“This Application is filed by the Barclays where making following prayers:

(i)

Allow the present application and direct payment of the amount of Rs. 16,25,01,894/-, which the Applicant is entitled to receive under the interim distribution process for ITNL;

(ii)

Direct that all future payments to be made will include payments to the applicant on the basis of the claim filed by the Applicant, i.e. a net amount of Rs. 220,64,22,320.03/- being due and payable to the Applicant, with interest if any.

Shri Ramji Srinivasan, Ld. Sr. Counsel for the IL&FS submits that interim distribution has already been completed in the first round however in the second round the claim of the Barclays Bank of Rs. 16,25,01,894/- shall be considered for payments subject to verification. List on 10.12.2024 at 2: 00 PM.”

3.

In view of the Order passed on 22.11.2024, nothing more is required to be considered.

Application stands disposed of.

I.A. No. 3611/2024

1.

Counsel for the Applicant is allowed two weeks time to file Rejoinder Affidavit.

List this Application on 28th February, 2025 at 02:00 PM.

I.A. No. 4963 & 6869/2024

1.

Learned Counsel appearing for the State of Rajasthan prays for and is allowed two weeks time to file the Reply.

List these Applications on 28th February, 2025 at 02:00 PM.

I.A. No. 6109 & 378/2024

1.

M/s. Indo Enviro Integrated Solutions Limited has filed a Reply.

2.

Learned Counsel for the Applicant prays for and is allowed two weeks time to file the Rejoinder Affidavit.

List these Applications on 28th February, 2025 at 02:00 PM.

I.A. No. 6855/2024

1.

This is an Application filed by Maharashtra Metro Rail Corporation Limited (MMRCL) praying for Applicant to intervene in the matter and to modify the Order dated 15.10.2018 to the limited extent to allow invocation of acceleration and mobilization advance Bank Guarantee by way of mutual Settlement between the Parties in terms of Settlement Agreement dated 13.10.2022.

2.

Learned Sr. Counsel Mr. Ramji Srinivasan submits that the Settlement Agreement signed with MMRCL can be implemented post final resolution of IECCL, which is at advance stage.

3.

In view of the aforesaid, no Orders are required at this stage.

Application disposed of.

I.A. No. 8399 & 8402/2024

1.

Counsel for the Applicant prays for and is allowed three weeks time to file the Rejoinder Affidavit.

List this Application on 28th February, 2025 at 02:00 PM.

I.A. No. 6867/2024

List this Application on 28th February, 2025 at 02:00 PM.

I.A. No. 7276 & 7294/2024

Counsel for the Applicant prays for an adjournment. Adjourn to 28th February, 2025 at 02:00 PM.

I.A. No. 397/2025

1.

Issue Notice.

2.

Let Reply be filed within three weeks.

List this Application on 28th February, 2025 at 02:00 PM.