2021 (12) TMI 1367 - AT - Insolvency and Bankruptcy

Maintainability of appeal - hearing of the matter - HELD THAT - As the hearing has commenced before the Ld. NCLT, Cuttack Bench and as has been listed as part-heard on 06.01.2022, this instant Appeal is not maintainable and the Appeal deserves to be dismissed.

Summary

Issues:
1. Appeal against the Order of National Company Law Tribunal, Cuttack Bench
2. Maintainability of the Appeal due to ongoing proceedings before NCLT

Analysis:
1. The Appellant challenged the Order dated 09th November, 2021, passed by the National Company Law Tribunal, Cuttack Bench, in CP No. 98/CTB/2019. The hearing was conducted via Video Conference but was inconclusive due to connectivity issues. The main CP and related applications were scheduled for final hearing on 02.12.2021 before the NCLT, Cuttack Bench.

2. The Appellant's Counsel informed that the matter was taken up on 02nd December, 2021, with the next hearing fixed for 06th January, 2022. The Respondent No. 1's Counsel presented the Order dated 02.12.2021, where submissions were made by the Appellant's Advocate, and further arguments were scheduled for 06.01.2022 as a part-heard matter. The NCLT directed the completion of all applications and pleadings before the next hearing date.

3. The Appellate Tribunal noted that the hearing had commenced before the NCLT, Cuttack Bench, and was listed as part-heard on 06.01.2022. Consequently, the Tribunal found the ongoing proceedings before the NCLT rendered the instant Appeal non-maintainable, leading to its dismissal.

4. Therefore, the Appellate Tribunal dismissed the Appeal against the NCLT's Order, emphasizing the ongoing nature of the proceedings before the lower tribunal as the basis for the Appeal's non-maintainability.