AI Structured Summary
Not yet generated for this judgment
Judgment
Heard learned counsel for the Appellant as well as learned counsel appearing for the Respondent. These two appeals have been filed against two orders passed by the Adjudicating Authority (National Company Law Tribunal), Ahmedabad Bench dated 30.03.2022 and 05.04.2022.
Company Appeal (AT) (Insolvency) No. 1008 of 2022 has been filed against order dated 30.03.2022 with delay and an application for condonation of delay being I.A. No. 2904-2905 of 2022 has been filed. In the delay condonation application, the Appellant has prayed for condonation of 91 days’ delay in filing the Appeal against order dated 30.03.2022. This Appeal has been filed on 29.07.2022 against the order dated 30.03.2022 which is clearly barred by time. This Tribunal cannot condone delay of more than 15 days as per the Section 61 of the Code, hence, prayer made in I.A. No. 2904-2905 of 2022 to condone 91 days delay is rejected. Consequently, Company Appeal (AT) (Insolvency) No. 1008 of 2022 is dismissed as barred by time.
Company Appeal (AT) (Insolvency) No. 1009 of 2022 has been filed against order dated 05.07.2022 passed by the Adjudicating Authority in I.A. No. 555 of 2022. The Adjudicating Authority by the impugned order has held that earlier I.A. filed by the Appellant being I.A. No. 151 of 2021 having already been rejected, where the Appellant had prayed for consideration of his claim as Financial Creditor, I.A. 555 of 2022 praying for same relief is barred by res-judicata, since order dated 13.03.2022 has not been challenged. Learned counsel for the Appellant placed before us the prayers made in I.A. No. 555 of 2022, which are as follows:-
“The Applicant humbly prays as under:
i. YOUR LORDSHIP MAY BE PLEASED to allow the present Application;
ii. YOUR LORDSHIP MAY BE PLEASED to direct the Respondent to verify and admit the claim Form C submitted by suspended management of ECPL (Applicant) on 14.10.2020;”
iii. YOUR LORDSHIP MAY BE PLEASED to grant any other relief as it may deem fit in the interest of justice.”
Perusal of order dated 30.03.2022 indicates that claim of the Appellant as Financial Creditor has already been rejected. In the subsequent I.A. same prayers have been made seeking direction to the Resolution Professional to verify and admit the claim Form C submitted by suspended management of ECPL. We do not find any error in the order of the Adjudicating Authority dated 05.07.2022 rejecting I.A. No. 555 of 2022.
Learned counsel for the Appellant lastly contended that the Adjudicating Authority has asked the Resolution Professional to explain as to how Resolution Professional has replied to applicant about taking instructions form statutory auditor. It is for the Resolution Professional to explain and Appellant cannot be allowed to impugn any such observation made in the impugned order.
We do not find any merit in the Appeal. Company Appeal (AT) (Insolvency) No. 1009 of 2022 is also dismissed.