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Judgment
ORDER
16.11.2022: Heard Mr. D. Narendar Naik, the Learned Counsel appearing for the ‘Petitioners’ / ‘Appellants’ in I.A. No.981/2022 in Comp. App. (AT) (CH) (Ins) No.404/2022.
According to the Learned Counsel for the ‘Petitioners’ / ‘Appellants’ in IA No.981/2022 in Comp. App. (AT)(CH)(Ins) No.404/2022, the ‘Impugned Order’ came to be passed by the ‘Adjudicating Authority’ (National Company Law Tribunal, Hyderabad Bench - I) in IA No.881/2020 in IA No.653/2020 in CP (IB) No.341/7/HDB/2019 on 26.09.2022 and that the instant Comp. App. (AT)(CH)(Ins) No.404/2022 came to be filed before this ‘Tribunal’ on 09.11.2022. In that process, there has occasioned a delay of ‘14 Days’ in preferring the instant Comp. App. (AT)(CH)(Ins) No.404/2022, which neither wilful nor wanton, but, due to the fact that the instant Comp. App. (AT)(CH)(Ins) No.404/2022, which had been filed after the expiry of ‘30 Days’ from 26.09.2022 (‘Impugned Order’), came to be filed with a delay of ‘14 Days’ and the said ‘14 Days’ is well within the ‘outer limit’ of (30+15 = 45 Days), before this ‘Tribunal’. As such, a ‘Plea’ is made on behalf of the ‘Petitioners’ / ‘Appellants’ that the ‘delay’, may be condoned in the ‘interest of Justice’, because of the fact, that according to the ‘Petitioners’ / ‘Appellants’, the 2nd Appellant, who was residing then in ‘Rajasthan’ could not come to Hyderabad, owing to emergency of, one of his family members, etc.
In view of the above, this ‘Tribunal’, considering the fact that the instant Comp. App. (AT)(CH)(Ins) No.404/2022 came to be filed well within (30+15=45 Days), by taking a lenient, liberal and pragmatic view, ‘condones the delay of 14 Days’ to secure the ‘end of Justice’ and Allows IA Nos.981/2022. No Costs.
16.11.2022: After ‘Hearing’ Mr. D. Narendar Naik, the Learned Counsel for the ‘Appellants’ in the Comp. App. (AT)(CH)(Ins) No.404/2022, for quite some time, he seeks ‘permission’ from this ‘Tribunal’ to withdraw the ‘instant Comp. App. (AT)(CH)(Ins) No.404/2022’. Acceding to his said request, the ‘instant Comp. App. (AT)(CH)(Ins) No.404/2022’ is ‘dismissed’ as ‘withdrawn’. No Costs. The connected IA No.982/2022 (for ‘Stay’) and IA No.983/2022 (for ‘Urgent Listing’) are Closed.
Before parting with the case, this ‘Tribunal’ grants ‘Liberty’, to the Learned Counsel for the ‘Appellants’ to raise all ‘factual’ and ‘legal pleas’ before the ‘Adjudicating Authority’, (National Company Law Tribunal, Hyderabad Bench-I) in IA No.881/2020 in IA No.653/2020 in CP (IB) No.341/7/HDB/2019 and the same shall be adverted by it, at the time of passing a final, reasoned and speaking orders in IA No.881/2020 in IA No.653/2020 in CP (IB) No.341/7/HDB/2019, as deemed fit and proper, of course, uninfluenced and untrammelled, with any of the observations, made by this ‘Tribunal’, in this ‘Appeal’.