Sachin Anand vs. Kgk Realty (India) Private Limited

ITEM NO.6 COURT NO.2 SECTION XVII

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Civil Appeal No(s). 8562/2024

NITYA NAND THAKUR Appellant(s)

VERSUS

KGK REALTY (INDIA) PRIVATE LIMITED & ORS. Respondent(s)

(FOR ADMISSION and I.R. and IA No.176138/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.176137/2024-STAY APPLICATION)

WITH

C.A. No. 8470/2024 (XVII) (IA No.172806/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.172804/2024-STAY APPLICATION)

Date : 23-08-2024 This appeal was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SANJAY KUMAR HON'BLE MR. JUSTICE R. MAHADEVAN

For Appellant(s) Mr. Chandra Bhushan Prasad, AOR

For Respondent(s) Mrs. Vanita Bhargava, Adv. Mr. Ajay Bhargava, Adv. Mrs. Wamika Trehan, Adv. Ms. Raddhika Khanna Tondan, Adv. Mr. Siddhant Kumar, Adv. M/S. Khaitan & Co., AOR Mr. Milind Garg, Adv. Ms. Nikita Garg, Adv. Mr. Yaksh Garg, Adv.

Mr. Suvidutt M.s., AOR

UPON hearing the counsel, the Court made the following O R D E R

Issue notice and tag with Civil Appeal No. 7943/2023, titled "Mithilesh Devi & Ors. v. Asset Care and Reconstruction Enterprises Ltd. & Ors."

Notice will be served by all modes, including dasti.

In the meanwhile, it is directed that third-party rights will not be created with respect to persons who have made payments for flats/shops or are in possession of the same. The flat(s)/shop(s) buyers in possession will not be dispossessed.

We request the National Company Law Appellate Tribunal not to take up other similar case(s) for hearing and to await the judgment of this Court in the appeals preferred here. This direction will not apply to the appeals which have been preferred before the Tribunal within the period of limitation.

(BABITA PANDEY) (R.S. NARAYANAN) COURT MASTER (SH) ASSISTANT REGISTRAR