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TMI Blog2021 (11) TMI 1044X X X X Extracts X X X X X X X X Extracts X X X X ..... al, while reiterating its request to the Adjudicating Authority to decide the pending IAs at the earliest, ought not to have disposed of the appeal. Rather, the Appellate Tribunal could have kept the appeal pending, while awaiting compliance from the Adjudicating Authority and, if necessary compliance was not yet forthcoming, to withdraw the matter from the National Company Law Tribunal, Chandigarh Bench, Chandigarh and either to dispose of itself or transfer it to some other Bench of the Tribunal for necessary steps. Appeal disposed off. - CIVIL APPEAL NO. 6944 OF 2021 - - - Dated:- 26-11-2021 - HON'BLE MR. JUSTICE DINESH MAHESHWARI AND HON'BLE MR. JUSTICE VIKRAM NATH For Appellant: Mr. Amar Dave, Adv., Mr. Abhinav A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evance of the appellant is that the said applications, being IA Nos. 368 of 2020 and 555 of 2020, are pending before the Adjudicating Authority yet. The appellant further submits, and the same is borne out from the impugned order dated 10.08.2021, that the Appellate Tribunal (National Company Law Appellate Tribunal, New Delhi) took note of the concern and grievance of the appellant in Company Appeal (AT) (Insolvency) No. 21 of 2021 and, by its order dated 19.01.2021, expected the Adjudicating Authority to expedite the process and to dispose of the same within three months. The relevant part of the said order dated 19.01.2021 reads as under: - We share the concern of learned counsel for the Appellant who being a Financial Creditor, is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he above and keeping in view our order dated 19th January, 2021 which could not be complied as three months are already over, we do express anguish with regard to the delay. We do realise the difficulties of the litigants as well as difficulties being faced by the Tribunal. In the circumstances, we dispose of the present Appeal with only a request to the Adjudicating Authority to take out time and decide the present IAs at the earliest. 6. With these observations, we dispose of the present Appeal. The only aspect relevant in the present case is that the IAs pending before the Adjudicating Authority need to be decided without further loss of time. For that matter, the Adjudicating Authority is definitely expected to keep in view ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ribunal. If Chandigarh Bench of the Tribunal is still unable to finally hear the matter on the next date fixed, i.e., 12.01.2022 and to decide the same within 15 days thereof, the Appellate Tribunal would be free to pass such other order/s as may be required, including that of modifying the ex parte interim order of the Tribunal or of withdrawing the matter from the file of Chandigarh Bench of the Tribunal and to decide itself or to assign the same to any other Bench of the Tribunal. We are constrained to pass this order when it appears that Adjudicating Authority has not been able to adhere to the timelines as per the requirements of law as also the orders passed by the Appellate Tribunal. As at present, we say no more. However ..... X X X X Extracts X X X X X X X X Extracts X X X X
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