9911796707
TMI Blog2021 (6) TMI 902X X X X Extracts X X X X X X X X Extracts X X X X ..... s to us that the observations and reference were uncalled for. Going through the Impugned Order, it relies more on uploading of the Order on website, rather than finding if or not the Order was actually communicated to parties and IRP. Admission Order para 11 even mentioned e-mail address of IRP. Communication could have been sent even on e-mail. For such reasons mentioned above, we set aside Paragraphs 24 and 25 of the Impugned Order. Appeal allowed. - Company Appeal (AT) (Insolvency) No. 129 of 2021 - - - Dated:- 23-6-2021 - [Justice A.I.S. Cheema] The Officiating Chairperson And [Dr. Alok Srivastava] Member (Technical) For the Appellant : Mr. Ashok Junega, Advocate Mr. Kumud Shekhar, RP in person For the Respondent : Mr. Chandra Prakash, Advocate for R-2. ORDER (Virtual Mode) This Appeal has been filed by the Appellant-Mr. Kumud Shekhar-Resolution Professional against the Impugned Order dated 1st February, 2021 in I.A.-5641/ND/2020 in CP (IB)-1491(ND)/2019 passed by the Adjudicating Authority (National Company Law Tribunal, New Delhi Bench, Court -II). 2. The Appellant had arrayed more Respondents but vide Order dated 24.02.2021 of this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -mail reads as under: Dear Sir, I am surprised to have found the information from your mail itself about any such order dated 31.1.2020 having been passed, as I have been regularly checking the website many a times even after the order was reserved, but I could not find the order and neither the registry has ever informed or sent any mail for having any order being passed. So let me check from the website or if you have been sent with the order then please mail me the copy of the order also. I am trying to find out from the website even though I have been regularly checking it was not there about 2 months back before I along with entire family was infected with COVID, so please send me the copy of the order if you have and also please suggest what is required to be done by me on urgent basis in this regard. Chandra Prakash Mobile 9810834624 6. The Learned Counsel for the Appellant submitted that based on this background the Appellant immediately on 16th December, 2020 ensured that a public notice was issued and on the same day, the Learned Counsel submits that I.A. 5461/ND/2020 (Annexure A-6 page 53) was filed to exclude 322 days. The Learned Counsel submits ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... similar issue in the matter of Kuntal Constructions Pvt. Ltd. Vs. M/s. Bharat Hotels Ltd. in Company Appeal (AT) (Insolvency) No. 542 of 2020: 21. We also want to clarify that no one can take recourse that they have not been communicated the Judgment. It should be the duty of the counsel to keep a track after the matter is reserved for pronouncement 20. As evident from the abovementioned reports, since the order dated 30.01.2020 was uploaded on the website of this Tribunal on the very next day of the pronouncement i.e., on 31.01.2020, it is deemed to have been communicated to all the parties. Therefore, the plea that the parties had no knowledge about the order dated 30.01.2020 does not merit any consideration. Further, the IP, who admittedly (para 11 supra) pursuant to the Rule 9 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, had given his consent dated 17.12.2020 in the Form-2 to act as Interim Resolution Professional (IRP) in the present matter was obligated to keep a track of the status of the case, for which he had given the express consent. We are also surprised to note the complete ignorance on the part of the Financial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not observed that the Registry had conveyed the Admission Order to the IRP. When this is so, it would not be appropriate to make IRP face reference as has been ordered. It appears to us that the observations and reference were uncalled for. The Impugned Order in Paragraph 13 and 14 read as under: 13. Taking notice of the aforesaid submissions, this Bench vide order dated 11.01.2020 directed the Court Officer to submit a report indicating as to when the order of CIRP was pronounced and uploaded for communication to the IRP as well as the parties concerned. 14. That in compliance with the directions given vide order dated 11.01.2021, the Court Officer in his report dated 18.01.2021 has submitted that the order was pronounced in the open court on 30.01.2020 in his presence. He has added that the pronouncement of the order is reflected in the cause list of 30.01.2020, which was uploaded around 6 pm on 29.01.2020 on the website of the Tribunal. He has stated that the order was received by the registry on 30.01.2020 and was uploaded on the website of this Tribunal on 31.01.2020. He has further submitted that once the order is uploaded, it is in public domain and is available ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
