Ganpati Global Pvt. Ltd vs Catalyst Refinery Services Pvt. Ltd

Heard learned counsel for the Appellant. This Appeal has been filed against the order dated 25.03.2022 by which the Adjudicating Authority has directed the Appellant to file consolidated reply, failing which the Application on maintainability will be considered his reply.

Learned counsel for the Appellant submits that he has raised objection regarding maintainability of Section 7 Application which needs to be decided as preliminary issue before deciding Section 7 Application. He submits that he is ready to file his reply. He submits that the maintainability issue may be considered by the Adjudicating Authority on the next date.

We have considered submission of learned counsel for the Appellant. We are of the view that all issues including issue of maintainability of Section 7 Application is to be decided at the time of deciding the Section 7 Application. There is no necessity in the present case to decide maintainability issue separately. When the maintainability issue arises out of pleadings of the parties i.e. Appellant, the same can be looked into and decided by the Adjudicating Authority by admitting or rejecting the Section 7 Application. We are of the view that the prayer as has been made by the Appellant in the Appeal cannot be accepted. There is no merit in the Appeal. The Appeal is dismissed.