The Court dismissed the appeal as not maintainable, holding that the unconditional withdrawal of the earlier Special Leave Petition before the Supreme Court barred the current appeal on the principle of constructive res judicata.
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$~102.
POOJA MENGHANI ..... Appellant Through: Mr. Viraj R. Datar, Sr. Adv. with Mr. Vishal Ganda, Mr. Saurav Joon, Mr. Srikant Singh and Ms. Swati, Advs.
versus
INSOLVENCY AND BANKRUPTCY BOARD OF INDIA (IBBI) & ANR. ..... Respondents Through: Mr. Asheesh jain, CGSC with Mr. Keshav Sehgal GP, Advocates
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
O R D E R % 13.05.2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/05/2024 at 11:49:40
impugned order before the Supreme Court by way of SLP (C) No(s). 4894/2024. He points out that the said SLP had been dismissed as withdrawn unconditionally. The order dated 11th March, 2024, passed by the Supreme Court is reproduced hereinbelow:
2. Permission as sought for is granted.
3. The Special Leave Petition is dismissed as withdrawn.”
ACTING CHIEF JUSTICE
MANMEET PRITAM SINGH ARORA, J
MAY 13, 2024
N.Khanna
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/05/2024 at 11:49:40
1 issue framed by the court
Is an appeal maintainable where the High Court petition was challenged by SLP which was subsequently withdrawn unconditionally by the Supreme Court?
Colour shows how this judgement treated each authority
Sarguja Transport Service vs. State Transport Appellate Tribunal, M.P., Gwalior and OthersReferred¶17
Sarguja Transport Service vs. State Transport Appellate Tribunal, M.P.,Gwalior and Others, (1987) 1 SCC 5 · Who else cites this
Pooja Menghani
Insolvency and Bankruptcy Board of India (IBBI)
Anr.
Acting Chief Justice
Manmeet Pritam Singh Arora
As recorded by the court registry
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