Western Coalfields Ltd., Nagpur v. Hindustan Zinc Ltd., Udaipur

WP 96.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No. 96/2021 Western Coalfields Ltd, Nagpur ..VS..

Hindustan Zinc Ltd., Udaipur, Rajasthan ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order__________________________________________________________ Shri K.N. Shukul, Advocate for the petitioner Shri Akshay Naik a/w Ms. Rucha Pande and Shri Hrishikesh Chitaley, Advocates for the respondent.

CORAM : SUNIL B. SHUKRE AND AVINASH G. GHAROTE, JJ.

DATED : 07/01/2021 Heard learned Counsel appearing for the parties. Only apprehension expressed by Shri Shukul, learned Counsel for the petitioner is that the National Company Law Tribunal (for short the "NCLT") would decide the application for interim relief before deciding the application by which challenge has been raised to the jurisdiction of the NCLT. Both the applications are said to be listed before the NCLT. Considering the order dated 10.12.2020 passed by National Company Law Tribunal Court No. II, Mumbai Bench in CP(IB)/98/MB/2020, we do not find the apprehension well founded therein, thus

WP 96.2021.odt no substance in the petition. Accordingly, the petition is dismissed. We, however, express that any decision on the plea regarding grant of interim relief, shall only be after hearing and decision of the plea of jurisdiction by the NCLT.

JUDGE JUDGE SMGate