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2020 (10) TMI 1286 - AT - Insolvency and BankruptcyApplication for early hearing of appeal - HELD THAT - It is open to the respective parties to make a mention before the National Company Law Tribunal, Court No. I, Mumbai Bench, for taking up the CA No. 1008/MB/2020 in CP 428/MB/2018 pending on its file and if such a mention is made, the National Company Law Tribunal, Court No. I, Mumbai Bench, is required to take up the matter For Hearing to proceed further, of course in the manner known to Law and in accordance with Law and pass orders on merits of course, after providing adequate opportunities to the respective sides, by adhering to the principles of Natural Justice. Appeal disposed off.
Issues involved:
- Mention before the National Company Law Tribunal for taking up CA No. 1008/MB/2020 in CP 428/MB/2018. - Liberty granted to parties to raise factual and legal pleas. - Disposal of Company Appeal (AT) No. 165 of 2020. Analysis: 1. Mention before the National Company Law Tribunal: The judgment highlights that the matter of CA No. 1008/MB/2020 in CP 428/MB/2018 is scheduled for a hearing before the National Company Law Tribunal, Court No. I, Mumbai Bench on a specific date. The Tribunal emphasizes that the concerned parties are free to approach the said Tribunal to bring up the mentioned case for a hearing. It is explicitly stated that if such a mention is made, the Tribunal is obligated to take up the matter for a hearing and proceed further in accordance with the law. The judgment underscores the importance of adhering to the principles of Natural Justice during the proceedings and providing ample opportunities to both sides to present their arguments effectively. 2. Liberty granted to parties: The judgment grants liberty to the parties involved to raise all factual and legal pleas concerning the controversies surrounding the subject matter in issue. This provision allows the parties the freedom to present any relevant information or legal arguments they deem necessary for the case. By offering this liberty, the judgment ensures that the parties have the opportunity to address all pertinent aspects of the case, thereby promoting a fair and comprehensive examination of the matter. 3. Disposal of Company Appeal (AT) No. 165 of 2020: The judgment concludes by stating that in light of the observations and directions provided regarding the hearing before the National Company Law Tribunal, the Company Appeal (AT) No. 165 of 2020 is disposed of. This indicates that the specific appeal mentioned has been resolved based on the instructions and considerations outlined in the judgment. Additionally, it is noted that no costs are imposed in connection with the disposal of the appeal, signifying the conclusion of the legal proceedings related to this particular appeal. In summary, the judgment addresses the process of mentioning a case before the National Company Law Tribunal, grants liberty to the parties to raise factual and legal pleas, and concludes by disposing of a specific Company Appeal based on the directions provided. The detailed instructions and emphasis on adherence to legal principles ensure a fair and just resolution of the matters at hand.
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