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2020 (8) TMI 838 - AT - Insolvency and BankruptcyMaintainability of appeal - the appeal has turned infructuous in-asmuch- as the matter, in terms of impugned order, stood adjourned to 18 th August, 2020 and that date is over - HELD THAT - This appeal is accordingly disposed of with request to the President, National Company Law Tribunal, New Delhi to constitute a Bench comprising of a Judicial Member and a Technical Member for disposal of the matter in hand in conformity with and compliance with the direction passed by Hon ble Apex Court in SONU CARGO MOVERS (I) PVT. LTD. ANR. VERSUS UNION OF INDIA ORS. 2019 (6) TMI 1579 - SUPREME COURT .
Issues: Appeal turning infructuous due to adjournment, direction for constitution of a Bench comprising of a Judicial Member and a Technical Member.
Analysis: - The judgment by the National Company Law Appellate Tribunal, New Delhi, involved the issue of an appeal becoming infructuous due to an adjournment. The matter had been adjourned to a specific date, which had already passed by the time the appeal was being considered. The Appellant's counsel informed the Tribunal that the matter was now scheduled to be heard before a Single Bench of the National Company Law Tribunal, Indore Bench at Ahmedabad on a later date. - The Tribunal noted that in a similar case, the Hon'ble Apex Court had directed matters of identical nature to be heard by a Bench comprising of a Judicial Member and a Technical Member. In line with this direction, the Tribunal disposed of the appeal and requested the President of the National Company Law Tribunal, New Delhi, to constitute a Bench with the required composition for the disposal of the current matter. This decision was made to ensure compliance with the directive issued by the Hon'ble Apex Court in the specified Writ Petition. - The Tribunal ordered for the communication of the decision to the President of NCLT, New Delhi, for necessary information and action. The judgment was delivered through virtual mode, highlighting the adaptability of proceedings to current circumstances. The presence of legal representatives for the Appellant was duly acknowledged in the judgment, emphasizing the importance of legal counsel in such proceedings.
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