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Judgment
O R D E R
02.02.2024: Heard Learned Counsel for the Appellant as well as Learned Counsel for the Liquidator.
This Appeal has been filed against the Order dated 09.11.2023 passed by the Adjudicating Authority in I.A. No. 6074 of 2023. On the said application, following order was passed:
“We have heard the submissions made by the Learned Counsel appearing for the Applicant as well as Learned Counsel appearing for the Liquidator. Having considered the facts and circumstances of the case, we deem it appropriate to grant three months time w.e.f. 13.10.2023, the date on which the period of six months from removal of the assets or the machinery in question as per the tender documents expired, subject to payment of cost of Rs. 1,00,000/- (One Lakh Only) to be deposited in Bharat Kosh within one week. The Applicant shall file proof of deposit of cost within three days thereafter. It is needless to mention that the Applicant shall pay the penalty as per the tendered documents to the Liquidator.
It is made clear to the Applicant that no further extension will be granted on the next date of hearing. List the matter on 15.01.2024 for compliance.”
The grievance of the Appellant is that after the order dated 09.11.2023, Appellant took steps to remove the machineries which was sold to the Appellant but was unable to do due to certain law and order problem although police were duly informed but adequate police protection was not there for doing the needful.
The Appellant is aggrieved by the observation in the order that no further extension will be granted.
From the order, it is clear that I.A. has not been finally disposed of and still pending before the Adjudicating Authority. I.A. being already pending before the Adjudicating Authority, it is always open for the Appellant to file a fresh application giving reasons and praying for further time and the events which took place after passing of the order. We have no doubt that said application shall be considered by the Adjudicating Authority in accordance with law and the observations made on 09th November, 2023 that no further extension will be granted on the next date of the hearing may not be treated as any prohibition on considering any fresh materials or grounds taken by the Appellant.
In view of the aforesaid, we are of the view that no purpose shall be served in keeping the Appeal pending. We grant liberty to file a fresh application. Appeal is disposed of, accordingly.