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Judgment
Heard Shri Gopal Jain, Learned Senior Counsel for the Appellant and Shri Darpan Wadhwa, Learned Senior Counsel for the Respondent.
This Appeal has been filed against the order dated 20.04.2022 passed by the Adjudicating Authority (National Company Law Tribunal), New Delhi Bench (Court-II). The order passed on 20.04.2022 is to the following effect:-
“Heard the Ld. Sr. Counsel appearing for the Applicant. The matter was passed over on the request of the Ld. Counsel for the Respondent for the arguments of the Respondent and the matter was again taken up at 1:00 pm.
Ld. Counsel appearing for the Respondent instead of arguing the matter, again sought an adjournment to settle the matter or refund the amount. Since we have already rejected the prayer to adjourn the matter, therefore, in terms of the order dated 29.03.2022 by which the last chance was given to the parties to settle the matter, failing which the matter will be heard, we are not inclined to review the order. Since the Respondent has not commenced his arguments despite repeated opportunity and is not inclined to argue the matter therefore, its right to argue is hereby closed.
However, both the parties are directed to file written synopsis, if any, of not more than 3 pages within 3 days.
Heard. Order reserved.”
On 29.03.2022, the Adjudicating Authority has passed the following order:-
“Learned Counsel for the Applicant submits that the settlement is under progress. We notice that on the last date 24.02.2022 too, the same submission was made. Last chance is given to the parties to settle the matter, failing which the matter will be heard. List on 20.04.2022.”
Learned Counsel for the Appellant submits that although Appellant was ready to address his submission but opportunity was not granted to address the submission. Hence, one opportunity be given to the Appellant to make his oral submission.
We have considered the submissions of the Learned Counsel for the parties and perused the record.
The Adjudicating Authority on 20.04.2022 has categorically observed:-
“Since the Respondent has not commenced his arguments despite repeated opportunity and is not inclined to argue the matter therefore, its right to argue is hereby closed”.
Both the parties had been permitted to file Written Submissions within 3 days and order was reserved.
After having heard the Counsel for the parties and perusing the record, we are of the view that what was recorded in the Court proceedings on 20.04.2022 cannot be allowed to be questioned by Appellant. We have to proceed on the premise that recording of the proceeding is correct as is reflected in the order dated 20.04.2022. On 29.03.2022, it was made clear by the Adjudicating Authority that last chance is given to the parties to settle the matter failing which, the matter will be heard and if no settlement is taken place, the parties has to address their submissions on merits. The Respondent has not made submission on the date fixed. We see no reason to entertain this Appeal.
Learned Counsel for the Appellant submitted that Reply has already been filed and the Adjudicating Authority has granted time to file Written Submissions. We, thus, are of the view that no ground has been made out to entertain this Appeal. The Appeal is dismissed.