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Association Of Aggrieved Workmen Of Jet Airways (india) Ltd v. Jet Airways (india) Ltd. & Ors

Association Of Aggrieved Workmen Of Jet Airways (india) Ltd v. Jet Airways (india) Ltd. & Ors

(National Company Law Appellate Tribunal)

Company Appeal (AT) (Insolvency) No. 643, 915, 584, 686, 752, 801 of 2021 Company Appeal (AT) (Insolvency) No. 361, of 2022 | 30-05-2022

1. I.A. No. 2720 of 2021 in Company Appeal (AT) Ins. No. 584 of 2021 has been filed by the Principal Commissioner Income Tax Central-3 Mumbai-Applicant.

2. Mr. Balbir Singh, Ld. ASG appearing for the Applicant refers to the Order of the Hon'ble Supreme Court dated 15.09.2021 in Civil Appeal No. 3290 of 2017 in the matter of 'Commissioner of Income Tax Vs. M/s. Jet Airways India Limited' and Order dated 16.11.2021. In view of the Orders passed by the Hon'ble Supreme Court, we permit the Applicant to intervene in this Appeal. I.A. No. 2720 of 2021 is allowed. Let the Copy of the Application be served to the Appellant as well as the Resolution Professional for response.

3. These Appeals have been filed against the Order dated 22nd June, 2021 passed by the Adjudicating Authority approving the Resolution Plan. It has been submitted before us that the effective date has been fixed as 28th May, 2022 and the process of the Implementation of the Plan have begun. Learned Counsel for the Appellant expressed their apprehension that in event their claim is allowed and the plan is implemented, their claim may not be met by the Successful Resolution Applicant. We fix these Appeals on 05th July, 2022 at 02:00 pm and make it clear that implementation resolution plan shall abide by the result of these Appeals. Mr. Krishnendu Datta, Sr. Advocate submits that Successful Resolution Applicant shall withhold the 'BKC Property which is valuable property and till the next date, shall not take any steps for alienation of the said property.

4. Interim Order in Company Appeal (AT) Ins. No. 686 of 2021 shall continue.

Advocate List
  • Rishi K. Awasthi and Mr Sumeet raj

  • Malhar Zatakia And Aditi Bhansali,Nishant Upadhyay, Madhur Arora, Dhiraj Kumar Totala

  • Trisha Sarkar and Trisha Sarkar 

Bench
  • Justice Ashok Bhushan&nbsp
  • Chairperson
  • Shreesha Merla&nbsp
  • Member (Technical)
Eq Citations
  • LQ
  • LQ/NCLAT/2022/1701
Head Note

Corporate Laws — Insolvency and Bankruptcy Code, 2016, Ss. 60, 61 and 62 — Interim relief — Appellants in Appeal No. 686 of 2021 apprehending that their claim may not be met by the Successful Resolution Applicant in event their claim is allowed and the plan is implemented — It is made clear that implementation resolution plan shall abide by the result of the Appeals — Interim Order in Appeal No. 686 of 2021 shall continue — Appellants in Appeal No. 584 of 2021 also permitted to intervene in Appeal No. 584 of 2021