SECTION IX

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) No. 30252 OF 2018

WITH PRAYER FOR INTERIM RELIEF

Process Id: 43/2019

OFFICE REPORT

This Hon'ble Court, on 20th November, 2018, was pleased to pass the following order:

" Heard learned senior counsel for the petitioner.

Learned senior counsel appearing for the petitioner has submitted that the applicant before the Company Tribunal has already submitted a resolution plan for the Corporate Debtors making certain suggestions and same is under consideration before the Tribunal.

Learned senior counsel further submitted that the said  resolution plan for the Corporate Debtors is inclusive  of the wages for the month of November and December, 2017 regarding which by the impugned order direction has been issued by the High Court to keep apart the assets to the extent of Rs.4,28,44,708/-.

Learned senior counsel has also drawn our attention to the order dated 23, December, 2017 in Civil Appeal No. 16929 of 2017 titled as Alchemist Asset Reconstruction Company Ltd. vs. M/s. Hotel Gaudavan Pvt. Ltd. & Ors. Reported in AIR 2017 SC 5124.

In view of above submissions, issue notice.

In the meantime, there shall be stay of operation of the impugned order until further orders.  "

There are two respondents in the instant matter. Accordingly show cause notice was issued to both the respondents. Mr. Anil Katiyar, Advocate has filed Vakalatnama/appearance on behalf of the respondent no. 2 but not filed counter affidavit. As per tracking report of India Post notice has been delivered to respondent no. 1 but no one has entered appearance on his behalf.

Service of notice is complete.

         The Petition above-mentioned is listed before the Ld. Registrar with this Office Report.

Dated : January 14, 2019

Copy to :-

ASSISTANT REGISTRAR