Tribunals and CommissionsDivision Bench(2021) 09 NCLAT CK 0038

Deceased Ram Kumar Yadav Through his legal heirs Vijay Pal & Sahab Ram vs Jindal Buildsys Ltd

National Company Law Appellate Tribunal · Decided on 10 September 2021

HON’BLE JUDGES
Jarat Kumar Jain, Member (J) · Dr. Ashok Kumar Mishra], Member (T)
RESULT
Dismissed
CASE NUMBER
Company Appeal (AT) (Ins) No. 742 of 2021

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Judgment

6 paragraphs · 251 words
1.

Heard Ld. Counsel for the Appellant. She submits that the Appellant has filed an Application under Section 7 of the IBC against the Corporate Debtor on 30.11.2018 before the Adjudicating Authority, however, no effective order has been passed by the Ld. Adjudicating Authority and the matter was adjourned on 07.04.2021 to 11.06.2021 and thereafter the matter was adjourned to 13.10.2021. In such circumstances, the Appeal is filed for direction to the Ld. Adjudicating Authority to disposed of the application under Section 7 of the IBC on the next date of hearing i.e. 13.10.2021.

2.

Before us the order dated 07.04.2021 is impugned. The one-line order is that "Due to paucity of time, the matter could not be taken up, hence, adjourned to 11.06.2021."

3.

Ld. Counsel for the Appellant unable to convince us how the Appellant is aggrieved with this order. It is admitted fact that the Appellant has filed the Application under Section 7 of the IBC on 30.11.2018 which is pending.

4.

We are of the opinion that this Appeal is not maintainable, as no adverse order is passed against the Appellant, therefore, the Appellant is not aggrieved person, only the aggrieved person can file the Appeal under Section 61 of the IBC.

5.

Thus, the Appeal is dismissed as not maintainable, however, we request the Adjudicating Authority to decide the aforesaid Application filed by the Appellant at the earliest as per law.

Registry is directed to send the copy of this order to concern Adjudicating Authority forthwith.