Tirumala Infrabuild Private Limited vs. Idio Construction And Industries (India) Limited

Court:Supreme Court of India
Judge:Hon'ble Hon'Ble The Chief Justice, Bela M. Trivedi
Case Status:Disposed
Order Date:3 Jul 2023
CNR:SCIN010244222023

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Order Issued After Hearing

Purpose:

Mention Memo

Before:

Hon'ble Hon'Ble The Chief Justice, Hon'ble Bela M. Trivedi

Stage:

FRESH (FOR ADMISSION) - CIVIL CASES

Remarks:

Dismissed

Listed On:

7 Mar 2023

In:

Judge

Category:

UNKNOWN

Interlocutory Applications:

117969/2023,117970/2023,

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Order Text

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 4090 OF 2023

TIRUMALA INFRABUILD PRIVATE LIMITED $APPELLANT(S)$

VERSUS

IDIO CONSTRUCTION AND INDUSTRIES (INDIA) LIMITED & ORS.

$RESPONDENT(S)$

ORDER

We do not find any good ground and reason to interfere with the impugned order, which, in fact, only recalls the order dated 30.05.2022 passed by the National Company Law Appellate Tribunal, accepting the settlement entered into by way of a Memorandum of Understanding by the appellant and respondent no. 12 - Late Ms. Renu Singh, who had claimed that she had the authority on behalf of several others. The Memorandum of Understanding does not mention that respondent no. 12 - Late Ms. Renu Singh has power of attorney in her favour given by others, she was purportedly representing. Other aspects have been noticed in the impugned order.

The appeal is dismissed.

$\mathbf{e}^{\text{refined}}$ We, however, clarify that the appellant would be entitled to ise all pleas and contentions in accordance with law when the appeal is heard on merits.

Pending application(s), if any, shall stand disposed of.

..................J. (SANJIV KHANNA)

..................J. (BELA M. TRIVEDI)

New Delhi; July 03, 2023. ITEM NO.33 COURT NO.3 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. 4090/2023

TIRUMALA INFRABUILD PRIVATE LIMITED APPELLANT(S)

VERSUS

IDIO CONSTRUCTION AND INDUSTRIES (INDIA) LIMITED & ORS. RESPONDENT(S) (IA No. 117969/2023 - EX-PARTE STAY and IA No. 117970/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 03-07-2023 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE BELA M. TRIVEDI For Appellant(s) Mr. Neeraj Malhotra, Sr. Adv. Mr. Rajiv Kumar Virmani, AOR Mr. Arjun Agarwal, Adv. Mr. Mahendra Vikram Singh, Adv. Dr. Rennie Joyy, Adv. Mr. Nimish Kumar, Adv. Mr. Mohit Kumar Bansal, Adv. For Respondent(s) Mr. Rajesh K. Singh, Adv. Mr. Rajesh Srivastav, Adv. Mr. Prakash Kumar, Adv. Mr. Satya Prakash, Adv. Mr. Sanjay Kumar Visen, AOR Mr. Abhishek Kumar Rao, Adv. Mr. Shailesh Suman, AOR UPON hearing the counsel the Court made the following O R D E R The appeal is dismissed in terms of the signed order. Pending application(s), if any, shall stand disposed of. (DEEPAK GUGLANI) (R.S. NARAYANAN) AR-cum-PS ASSISTANT REGISTRAR (signed order is placed on the file)

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