Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2021 (8) TMI 1289

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... cating Authority to take out time and decide the present IAs at the earliest. - Company Appeal (AT) (Insolvency) No. 575 of 2021 - - - Dated:- 10-8-2021 - Justice A.I.S. Cheema, The Officiating Chairperson And V.P. Singh, Member (Technical) For Appellant: Mr. Manish Jain, Mr. Amit Mahaliyan, Ms. Divya Sharma, Advocates. ORDER Heard Learned Counsel for the Appellant. This Appeal has been filed against the impugned order dated 14th July, 2021 passed in IA Nos. 368/2020 and 555/2020 in CP (IB) No. 136/Chd/Pb/2017 by the Adjudicating Authority (National Company Law Tribunal), Chandigarh Bench. It is brief order and reads as under:- IA No.368/2020 Ms. Munisha Gandhi, learned Senior Counsel appearing for the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... order in the said I.A No. 368 of 2020 on 9th September, 2020 and directed the parties to maintain status quo with regard to distribution of funds to the Financial Creditors of the Corporate Debtor. The Appellant claims that when such order was passed, Appellant filed I.A No. 555 of 2020 before the Adjudicating Authority on 14th October, 2020 seeking recall of the ex parte order passed on 9th September, 2020. It is stated that since then both the IAs are pending before the Adjudicating Authority and no decision is being taken. The Learned Counsel refers to Annexure A-6 which is order passed by this Tribunal in Company Appeal (AT) (Insolvency) No. 21 of 2021- Kotak Mahindra Bank Ltd. vs. Ashok Oswal Ltd. . It is stated that the said Appeal .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Counsel for the Appellant submits that thus claim of the Appellant is getting delayed and matter is getting protracted to the disadvantage of the Creditors. 4. On being asked, Learned Counsel submits that at Chandigarh Bench, Member (Judicial) has been posted but Member (Technical) has not been posted and another Judge who is Member (Technical) at Jaipur conducts the Court at Chandigarh in Virtual Mode in a week on Mondays, Wednesdays and Fridays. The Learned Counsel fairly stated that he understands the difficulties which the Tribunal is facing due to regular Members not being posted but he submits that the Appellant is suffering for no fault of the Appellant. 5. Considering the above and keeping in view our order dated 19th Janu .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates