Tribunals and CommissionsFull Bench(2024) 03 NCLAT CK 0009

Hira Lal & Sons vs Anish Niranajan Nanavaty

National Company Law Appellate Tribunal · Decided on 1 March 2024

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Barun Mitra, Member (T) · Indevar Pandey, Member (T)
RESULT
Disposed Of
CASE NUMBER
I.A. No. 1562 Of 2024 In Company Appeal (AT) (Ins.) No. 1603 Of 2023

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

8 paragraphs · 293 words
1.

I.A. No. 1562 of 2024:  By this application the Applicant has prayed for following reliefs:

“a) Direct the Respondent RP to immediately comply with the terms of the Order dated 11-10-2023 passed by the National Company Law Tribunal, Mumbai Bench- IV and Order dated 14-12-2023 passed by the National Company Law Appellate Tribunal, Principal Bench, New Delhi;

b) Direct the Respondent RP to immediately release an amount of INR 83,90,306.65/- (Indian Rupees Eighty-Three Lac Ninety Thousand Three Hundred Six and Sixty-Five Paisa only) including Goods and Service Tax (GST) due towards CRIP cost as on 31-01-2024 and continue to release the CIRP cost for the period commencing from 01-02-2024 in a regular and timely manner; and

c) Direct the Respondent RP to admit the amount of INR 4,34,137.23/- (Indian Rupees Four Lac Thirty-Four Thousand One Hundred Thirty-Seven and Twenty-Three Paisa only) as Goods and Service Tax (GST) due and applicable on the admitted Claim amount, and accordingly amend the admitted amount of the Applicant; and

d) Pass such further order this Hon'ble Appellate Tribunal may deem fit and proper in the facts and circumstances of the instant case.”

2.

This Appeal has been finally disposed of by our order dated 14.12.2023. Appeal having already being disposed of, we see no occasion to entertain this application.

3.

Learned counsel for the Applicant submits that inspite of order of this Appellate Tribunal and order of the Adjudicating Authority, CIRP cost has not been paid.

4.

We are of the view that it is open for the Applicant to file appropriate application before the Adjudicating Authority, who may consider the same and pass appropriate order. We are not inclined to entertain this application filed  in  a  disposed  of  appeal. Application  is  disposed  of,  with  theseobservations.