Tribunals and CommissionsFull Bench(2022) 04 NCLAT CK 0018

Gajendra Singh Singhvi vs Bank of Maharashtra

National Company Law Appellate Tribunal · Decided on 8 April 2022

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Dr. Alok Srivastava, Member (T) · Shreesha Merla, Member (T)
RESULT
Dismissed
CASE NUMBER
Company Appeal (AT) (AT) (Ins.) No. 273 Of 2022

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Judgment

4 paragraphs · 237 words
1.

This Appeal has been filed against the order dated 03.02.2022 passed by the Adjudicating Authority (National Company Law Tribunal), Jaipur Bench, in I.A No. 309/JPR/2021 by which order, the Adjudicating Authority has observed that the Guarantor has not filed copies of latest Income Tax Returns and Statement of Affairs of the Personal Guarantor and Learned Counsel for the Guarantor has been directed to file an Affidavit alongwith the Income Tax Returns for the last three years. The Appellant had also filed an earlier Appeal against the order dated 09.12.2021 passed in the same I.A. No. 309/JPR/2021 where the Adjudicating Authority has directed the Personal Guarantor to ensure that the copies of the Income Tax Returns against the Appeal was also filed which Appeal was withdrawn by the Appellant by order dated 13.01.2022.

2.

We are of the view that there are no grounds to entertain this Appeal against the order impugned. The proceedings under Section 95 being pending before the Adjudicating Authority, we see no reason to entertain this Appeal.

3.

Learned Counsel for the Appellant submits that some settlements have arrived by the Appellant with the Bank. In event, there is any settlement between the parties, it is always open for the Appellant to file an Application before the Adjudicating Authority bringing the settlement on record on which appropriate decision shall be taken by the Adjudicating Authority.

4.

With these observations, the Appeal is dismissed.