7939/2011.
4.8 During the pendency of proceedings before the High Court in W.P. Civil No.
4 to Indo Wagon Engineering Ltd. Respondent No.
The Appellant herein was appointed as the Insolvency Resolution Professional.
The Additional Government Advocate submitted that the valuation of the land in Mouza Tara Nagar owned by Respondent No.
01/CTB/2019, before the National Company Law Tribunal, Cuttack Bench NCLT for initiation of the Corporate Insolvency Resolution Process CIRP against the Corporate Debtor Respondent No.
2 , Mudrika Commercial Pvt.
12479/2009 before the Odisha High Court praying inter alia for cancellation of the SPA dated 10.07.2006, and payment of the arrears and current salaries of the workmen.
4.6 The Labour Court, Sambalpur vide Order dated 11.11.2016 quantified the amount payable to the workmen as Rs.
10 herein to recover the workmens dues by sale of the assets of Respondent No.
24,11,975/. 4.9 The NCLT vide Order dated 04.06.2019 admitted the insolvency petition, and declared a moratorium in accordance with the provisions of Sections 13 and 15 of the IBC.
4 would be sold through public auction, and the proceeds would be used for disbursement of the arrears of the workmen.
The Appellant was directed to serve Dasti Notice to all the Respondents, and the auction proceedings before the High Court were directed to be stayed.
Ltd. Respondent No.
4.13 The Appellant Resolution Professional filed the present Civil Appeals to challenge the Interim Orders dated 14.08.2019 and 05.09.2019 passed by the Odisha High Court in W.P. Civil No.
It was further directed that if Respondent Nos.
45,66,67,133/. 4.7 The High Court vide Order dated 12.01.2017 directed the Deputy Labour Commissioner, Sambalpur Division to sell a parcel of Respondent No.
13 Hirakud Workers Union was however number represented by Counsel.
7939/2011 on the ground that since the CIRP against Respondent No.
The High Court directed the Additional Government Advocate to file an affidavit with respect to the valuation companyducted.
The moratorium was declared for the purpose referred to in Section 14 of the IBC.
Respondent No.
7939/2011, M s Nandakini Contractors Pvt.
4.3 Respondent No.
4 had companymenced, the proceedings before the High Court in W.P. Civil No.
4 Company through a public auction.
The Civil Appeals were taken up for hearing on 13.11.2019 before this Court.
4 was Rs.
Ltd a Financial Creditor filed a Petition under Section 7 of the IBC, 2016 bearing CP IB No.
4.2 Subsequently, Respondent Nos.
4 , and Industrial Development Corporation of Orissa Ltd. Respondent No.
1 , India Finance Ltd. Respondent No.
1 to 3.
As per the SPA, Respondent No.
13 filed another Writ Petition bearing P. Civil No.
10,04,12,105/ from the Government of Orissa, this amount was disbursed towards the arrears of the workmens dues.
6,05,000/ per acre.
4, since it had companymitted a default in paying the financial debt of Rs.
4.4 The High Court vide Order dated 14.03.2012 directed the Deputy Labour Commissioner, Sambalpur Division Respondent No.
13 the Hirakud Workers Union filed W.P. Civil No.
The matter was posted for further hearing on 17.09.2019.
The factual matrix in which the present Civil Appeals have been filed is as under 4.1 M s Varsha Fabrics Pvt.
7939/2011 on 28.03.2011 for payment of their dues before the Odisha High Court.
13 herein.
INDU MALHOTRA, J. Leave granted.
3 , Hirakud Industrial Works Ltd. Respondent No.
4 in favour of Respondent Nos.
Ltd. Respondent No.
5 divested its 100 shareholding in Respondent No.
The present Civil Appeals have been filed by the Appellant Resolution Professional appointed by the National Company Law Tribunal for the Corporate Debtor M s Hirakud Signature Not Verified Industrial Works Ltd., to challenge the interim Orders dated Digitally signed by RACHNA Date 2019.11.22 162535 IST Reason 14.08.2019 and 05.09.2019 passed by the Odisha High Court in W.P. Civil No.
Pursuant to the issuance of Notice, all the Respondents were served by the Appellant, and proof of service was filed on 04.11.2019.
4.12 The High Court by a further Order dated 05.09.2019, recorded the submission of the Appellant Resolution Professional that there were other companypanies which had expressed an interest to participate in the public auction.
4.5 These proceedings culminated in the Order dated 03.08.2015 passed by this Court, wherein it was directed that the issue of quantifying the companypensation payable to the workmen should be determined by the Labour Court.
1 to 3 sold their stake in Respondent No.
5 entered into a Share Purchase Agreement SPA dated 10.07.2006.
Respondent No.
4.10 4.11 During the pendency of the moratorium, W.P. Civil 7939/2011 was posted for hearing on 14.08.2019 before the High Court.
1 to 3 fail to make the payment of companypensation to the workmen, the assets of Respondent No.
4s land admeasuring 157.27 acres to the Hirakud Dam Project.
This Court vide Order dated 23.09.2019 issued Notice to all the parties, including the Writ Petitioners i.e. the Hirakud Workers Union Respondent No.
7939/2011 ought to be stayed.
