Partly allowed

Om Prakash Sharma v. Union of India and Ors.

Delhi HC21 Nov 2017W.P.(C)/10040/2017

Case brief

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What is this about?

The High Court of Delhi allowed CM applications seeking exemption and dismissal of the main writ petition. The court dismissed the writ petition claiming withdrawal with liberty to approach the National Company Law Tribunal (NCLT), clarifying that no opinion was formed on the merits.

What did the court decide?

Writ petition dismissed as withdrawn with liberty to approach NCLT; CM applications allowed subject to exceptions.

Om Prakash Sharma Vs Union of India and Ors. — Insolvency and Bankruptcy | Delhi HC (2017)

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$~1

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 10040/2017

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OM PRAKASH SHARMA ..... Petitioner Through : Mr. Ajay K. Jain, Ms. Indrani Mukherjee, Mr.Yash Karan Jain, Advocates.

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versus
UNION OF INDIA AND ORS. ..... Respondents
Through : Mr. Vinod Diwakar, CGSC with Mr.Sanjay Pal, Mr.Akshaya Agarwal, Advocate for R1. Mr. Mehak Kanwar, Advocate for Resolution Professional/Ms.Ritu Rastogi/R2.
Mr.Mohit Taneja, Advocate for Mr.Karan Khanna, Standing Counsel for R3.
Mr. Utkarsh Tewari, Advocate for R4.
Mr. Vivek Jain, Mr.Sunil Dalal, Advocates for R5.
Mr. Satish Kumar, Advocate for R6 & R12.
Ms. Simran Brar, Mr.Parinay T.
Vasandani, Advocates for R8. CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MS. JUSTICE PRATHIBA M. SINGH
O R D E R
% 21.11.2017
CM APPL. Nos. 40959/2017 & 40962/2017 (Exemption)

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Allowed, subject to all just exceptions. These applications are

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accordingly allowed.

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W.P.(C) 10040/2017 & CM APPL. 40958/2017 (Stay)

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Learned counsel for the petitioner submits that the petitioner is a workman and is concerned about his engagement/job.

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After some hearing, learned counsel for the petitioner seeks liberty to withdraw the present writ petition and states that he would approach the National Company Law Tribunal (‘NCLT’) in the liquidation proceedings under Chapter III and other parts of the Insolvency and Bankruptcy Code, 2016.

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If any application is filed by the petitioner and/or other workmen, the same would be dealt with and considered in accordance with law.

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We also clarify that it will be also open to the respondents to raise all the contentions and issues as per law.

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Accordingly, the present writ petition is dismissed as withdrawn with liberty as prayed for.

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We once clarify that we have not expressed any opinion on merits.

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SANJIV KHANNA, J

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PRATHIBA M. SINGH, J

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NOVEMBER 21, 2017 j

Om Prakash Sharma v. Union of India and Ors.

Case brief

What is this about?

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Om Prakash Sharma v. Union of India and Ors.

Case brief

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What did the court decide?

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