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Judgment
The present appeal has been preferred under Section 61 of the Insolvency and Bankruptcy Code, 2016 (herein after referred to as ‘Code’) against an order dated 10.11.2022 passed by Ld. National Company Law Tribunal, Mumbai Bench, Court-IV in CP. (IB)/ 477(MB)/2021. By the said order the application filed under Section 9 of the Code, on behalf of the Appellant was rejected as not maintainable. From the order it is reflected that on the date when the case was taken up there was none appearance on behalf of the Applicant/Appellant. Even in absence of a party if court is satisfied that an application is not maintainable the court is having jurisdiction to pass order but we are of the opinion that for just decision in the matter it would be appropriate to remit the matter to the NCLT to pass the order on merit of the application which was filed by the Applicant/Appellant.
We are not recording any opinion as to whether there was pre-existing dispute or not. All those points are left open to be examined by the NCLT. With above observation the appeal stands disposed of. In view of the matter it is appropriate to set aside the order and remit back the matter to the NCLT for passing appropriate order in accordance with law. This order was passed after hearing Mr. Kunal Cheema, Ld. Counsel along with Mr. Mr. Apoorv Shukla, Ld. Counsel for the Appellant and Mr. Aditya Kumar, Ld. Counsel for the Sole Respondent.