Tribunals and CommissionsDivision Bench(2023) 03 NCLAT CK 3933

Ashok Chand Srivastav & Ors. vs Three C Properties Pvt. Ltd. & Ors.

National Company Law Appellate Tribunal, New Delhi · Decided on 20 March 2023

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Barun Mitra, Member (Technical)
CASE NUMBER
Company Appeal (AT) (Ins.) No. 194 of 2023

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Judgment

7 paragraphs · 195 words

O R D E R

Heard Learned Counsel for parties.

2.

This appeal has been filed against the order dated 19.01.2023 passed by Adjudicating Authority by which the application being I.A. No. 3962 of 2022 in CP (IB) No. 463/ND/2022 has been deferred awaiting the order of this Appellate Tribunal in Company Appeal (AT) (Ins.) No. 557 of 2021 which was filed challenging the order dated 31.05.2021 passed by the Adjudicating Authority on similar application filed by the applicant.

3.

Learned Counsel for the Appellant submitted that Company Appeal (AT) (Ins.) No. 557 of 2021 has now been finally decided by order dated 13.03.2023 allowing the appeal.

4.

In view of the above fact, the reason given in paragraph 2 of the impugned order is now no more existent. The result is that the application I.A. No. 3962 of 2022 has to be heard by the Adjudicating Authority and decided in accordance with law.

5.

In view of the aforesaid, we dispose of this appeal reviving I.A. No. 3962 of 2022 before the Adjudicating Authority to be heard and decided in accordance with law as early as possible.

6.

The appeal is disposed of accordingly.