Tribunals and CommissionsDivision Bench(2023) 03 NCLAT CK 0069

Dr Gulabing S. Purohit vs Kailash Shah

National Company Law Appellate Tribunal · Decided on 28 March 2023

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Barun Mitra, Member (T)
RESULT
Disposed Of
CASE NUMBER
Company Appeal (AT) (Insolvency) No. 367 Of 2023

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Judgment

5 paragraphs · 172 words
1.

Heard Learned Counsel for the Appellant and Respondent.

2.

This Appeal has been filed against the Order dated 15.02.2023 by which the Adjudicating Authority has due to paucity of time adjourned the matter on 10th April, 2023 for further consideration and hearing.

3.

Learned Counsel for the Appellant submits that Resolution Plan was approved by the Committee of Creditors on 13.02.2020 and I.A. No. 2280 of 2020 was filed for approval of the Resolution Plan before the Adjudicating Authority which is pending for last more than two years and has not yet been heard.

4.

In view of the fact that the Adjudicating Authority has already fixed the matter on 10th April, 2023, we see no reason to entertain the Appeal. We however observe that looking to the fact that the approval application is pending for more than two years, the Adjudicating Authority shall endeavor to consider the application on the next date or as early as possible preferably within a period of three months.

The Appeal is disposed of, accordingly.