Anjani Technoplast Ltd vs Shubh Gautam

Heard learned counsel for the Appellant as well as Shri Gaurav Singh, learned counsel appearing for the Respondent. This Appeal has been filed against the order dated 19.04.2022 by which the Adjudicating Authority (National Company Law Tribunal) New Delhi Bench, Court IV has reserved for orders.

The prayer for adjournment made on behalf of the Appellant on the ground that arguing counsel is suffering from Covid-19 was not accepted by the Adjudicating Authority on the reason that on 11.04.2022 it was made clear that matter should be decided on the basis of original documents, if it is not being argued.

Learned counsel for the Appellant submits that 11.04.2022 was the first effective date of the hearing and on which date the Adjudicating Authority granted opportunity to the Respondent (Appellant herein) to argue the matter on 19.04.2022 but on 19.04.2022 as the arguing counsel was suffering from Covid-19 the matter could not be argued.

Learned counsel for the Respondent submits that the Advocate who claimed to be suffering from Covid-19 had not appeared on any date in the proceedings.

Learned counsel for the Appellant lastly submits that the Appellant be allowed to file appropriate application before the Adjudicating Authority to give an opportunity for hearing and for submitting the Written Submissions, since Written Submissions also could not be filed due to filing of this Appeal against the order dated 19.04.2022.

In view of the aforesaid, ends of justice be served in giving opportunity to the Appellant to file an appropriate application before the Adjudicating Authority in IB/766/ND/2021 as prayed. It is for the Adjudicating Authority to consider the application and take appropriate decision in accordance with law. Learned counsel for the Appellant submits that he shall be filing the application within 48 hours. Appellant is permitted to file appropriate application before the Adjudicating Authority within 48 hours. Appeal is disposed of with these observations.