Tribunals and CommissionsDivision Bench(2023) 01 NCLAT CK 0095

Assotech Moonshine Urban Developers Pvt. Ltd vs Sudershan Goel

National Company Law Appellate Tribunal · Decided on 27 January 2023

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Barun Mitra, Member (T)
RESULT
Dismissed
CASE NUMBER
Company Appeal (AT) (Insolvency) No. 89 Of 2023

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Judgment

3 paragraphs · 170 words
1.

Heard learned counsel for the parties. This Appeal has been filed against the order dated 19.12.2022 by which order the Adjudicating Authority has allowed the impleadment application filed by certain homebuyers in the pending Section 7 application. Learned counsel for the Appellant submits that the Adjudicating Authority has not yet decided the issue of maintainability of the application and impleadment application are allowed from time to time.

2.

Be that as it may. The Adjudicating Authority itself has observed that the maintainability of the application would be examined independently. Learned counsel for the Respondent has also raised objection that the Appellant has not impleaded all homebuyers in the Appeal.

3.

In view of the order which has been passed by the Adjudicating Authority, it is not a stage for entertaining the appeal since the question of maintainability is yet to be examined. We, thus, are of the view that present is not stage for entertaining the appeal. Leaving all questions open for both the parties, we dismiss this appeal.