Anoop Sharma vs Ascent Air Pvt Ltd & Ors

In view of the earlier order dated 24.02.2023 the Registrar has submitted a detailed report. Report suggests that the submission made by Mr. Gaurav Mitra, learned counsel for the appellant that defects were removed is correct. However, since delay in re-filing was not condoned as per order of the Registrar the appeal was listed with note i.e. ‘with defects’. In re-filing, delay has occurred. Delay was more than 30 days and this was the reason that the Registrar vide order dated 31.01.2023 directed to list the matter before the Bench for appropriate orders. Delay in refiling has appropriately been explained and as such there is no reason not to condone the delay in refiling. Accordingly IA No.395/2023 in re-filing the appeal is allowed and delay in refiling the appeal stands condoned.

In view of the earlier order dated 24.02.2023 the Registrar has submitted a detailed report. Report suggests that the submission made by Mr. Gaurav Mitra, learned counsel for the appellant that defects were removed is correct. However, since delay in re-filing was not condoned as per order of the Registrar the appeal was listed with note i.e. ‘with defects’. In re-filing, delay has occurred. Delay was more than 30 days, this was the reason that the Registrar vide order dated 31.01.2023 directed to list the matter before the Bench for appropriate orders. Delay in refiling has appropriately been explained and as such there is no reason not to condone the delay in refiling. Accordingly IA No.391/2023 in re-filing the appeal is allowed and delay in refiling the appeal stands condoned.

Since in both the appeals i.e. Company Appeal (AT) No.21 and 22/2023 similar order has been assailed, with the consent of the parties both appeals were heard together and both the appeals are being disposed off with common order.

In Company Appeal (AT) No.22/2023, order dated 14.10.2022 has been assailed which was passed in CA No.392/2022 whereas in Company Appeal (AT) NO. 21/2023 order dated 14.10.2022 has been assailed which was passed by Learned NCLT, New Delhi in CA No.397/2022. In both the applications the learned Tribunal had granted time to file reply and adjourned the hearing. It is admitted at bar that both the applications are pending before Learned NCLT. In both the applications pleadings are complete.

In view of the fact that no final order has been passed on CA No.392/2022 and 397/2022 it would not be appropriate for us to pass any positive order. Instead the appeals can be disposed off with an observation that the learned NCLT may take appropriate steps for passing final order on these two applications expeditiously.

With above observations both the appeals are disposed off. It goes without saying that the learned NCLT may decide both the applications on its merits.

In view of order passed by this Tribunal just now in Company Appeal (AT) No. 21/2023 and 22/2023 these appeals have become infructuous and are dismissed as same have become infructuous.