Tribunals and CommissionsDivision Bench(2023) 01 NCLT CK 0651

In Re: Suo Moto Case/1/2022 (Liquidator Wearing Advocate's Robes)

National Company Law Tribunal · Decided on 2 January 2023

HON’BLE JUDGES
Telaprolu Rajani, Member (Judicial) · Charan Singh, Member (Technical)
RESULT
Disposed of
CASE NUMBER
Suo Moto Case/1/2022

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Judgment

6 paragraphs · 245 words

ORDER

Suo Moto Case/1/2022

Suo Moto is registered on the direction of the Tribunal taking note of the fact that the liquidator, who is also an Advocate has appeared in the robes of an Advocate. Heard the liquidator and the counsel present. Considering the representation made by the counsel that since he was an advocate he was under an impression that he can wear the robes of an advocate, even while appearing in the capacity of the liquidator. He submits that since, for the selection of a liquidator one of the channels is advocates, he was under the impression that he can wear the robes of his original profession. However, without going into the merits of the issue, considering that under the above submitted opinion, the counsel came in the robes of an advocate, this application is closed, however making it clear that when an advocate appears in other capacities, he shall not wear the robes of an advocate, except when there is an express permission under law.

IA(IBC)730/2022

This application is filed seeking extension of the liquidation period. The extension is sought on the ground that an application for dissolution is proposed to be moved by the liquidator. An affidavit is filed subsequent to this application, with a prayer for extension from 30.07.2022 till the dissolution of the company. The Counsel also submits that the application was dissolution is already filed, Hence IA/730/2022 is allowed as prayed for.

List the remaining IAs on 24.01.2023.