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Judgment
03.01.2025: This appeal is filed against an impugned order dated 09.12.2024 which read as under:-
“We have heard the submissions of Mr. Vikas Singh, Ld. Sr. Counsel appearing on behalf of Applicant in part. List the matter on 06.01.2025 for further arguments.”
It is the submission of Ld. Sr. Counsel for Appellant that earlier an appeal bearing CA No. 1876/24 was filed by the Appellant herein against an order dated 09.01.2024 wherein the following directions were passed in para 8:-
“We thus set aside the impugned order as it appears to be incomplete and hence we remand the matter and direct the Ld. NCLT to decide it afresh upon giving opportunity to both the sides to file further documents relevant to the issues involved. The Ld. NCLT is requested to hear arguments expeditiously, preferably within four weeks from filing of such documents/response thereupon and to decide the same.”
In lieu of the directions above, the Learned NCLT on 14.10.2024 had passed the following order:-
“Ms. Nandadevi Deka, Ld. Counsel appearing on behalf of Petitioner has submitted that Hon’ble NCLAT in Company Appeal No. 76 of 2024 passed an order on 25.09.2024 by which the order dated 09.01.2024 passed by this Tribunal in CP-30(ND)/2007 was set aside and the matter has been remanded for de-novo hearing after giving opportunities to the parties to file relevant documents. She has handed over a copy of the order dated 25.09.2024 passed by Hon’ble NCLAT in court. She sought two weeks’ time for filing the necessary documents. Dr. Manish Aggarwal, Ld. Counsel appears on behalf of Respondents. We grant two weeks’ time to both the parties to file the relevant documents as per the direction given by the Hon’ble NCLAT.
As agreed by the Ld. Counsel appearing for both the parties, list CP-30(ND)/2007 for arguments on 09.12.2024”.
It is submitted by Ld. Sr. Counsel for Appellant despite the directions given in para 8 of order dated 25.09.2024 of this Tribunal, no opportunity was given to the Appellant to file its documents; to take it on record and to file response to documents filed by the Respondent herein.
However, from record, we find an opportunity was given to both the parties to file documents, yet the Appellant herein failed to file its documents within the period prescribed and rather filed it after seven weeks.
In any case, considering the fact the documents were e-filed by the Appellant on 07.12.2024 and a copy thereof was duly provided to the Respondent herein and also to the Ld. Bench, hence we only direct the said documents filed by the Appellants be allowed to be placed on record and hearing of the company petition may continue as is evident from the order dated 09.12.2024. Only with these directions, we dispose of the appeal. All the pending applications viz. IA No. 8946/24, IA No. 8947/24 are hereby allowed.