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Judgment
O R D E R
22.12.2023: This is an appeal filed against the order dated 12.10.2023 passed by National Company Law Tribunal, Mumbai Bench, Court-V on I.A. 1157/2022 and I.A. 1367/2022. The order passed by the Bench is as follows:-
“We are informed that the above I.A.'s were reserved for orders by the Hon'ble Bench but due to non-pronouncement and reconstitution of Bench, the matter has been listed for de-novo hearing. In view of communication dated 25.09.2023 received from the Registrar, NCLT, we refrain from hearing this matter. Post the case for 23.11.2023.”
By our order dated 07.12.2023 we have called for a report from the Registrar, NCLT, Mumbai regarding further proceedings in IA 1157/2022 and IA 1367/2022. Registrar has submitted the report dated 21.12.2023 which have been perused by us. The report has stated that application was reserved by order dated 06.06.2023 and 30.06.2023 by Bench comprising of Sh. Kuldeep Kumar Kareer Hon’ble Member Judicial and Smt. Anuradha Bhatia Hon’ble Member Technical and thereafter reconstitution of Bench was received on 18.08.2023, matter was listed under caption ‘Matters re-notified for de-novo hearing’ on 18.08.2023. Registrar refers to circular dated 25.09.2023 of the President where it was directed that wherever orders are reserved by a Bench the same should be pronounced in terms of Rule 150. Further direction issued by the President dated 28.11.2023 has been also referred in the report which are as follows:
“(i)If a particular Hon'ble Bench has reserved the order/judgment in particular case(s) and thereafter has renotified the same for de novo hearing, the such Hon'ble Bench need to recall the order for de novo hearing and thereafter proceed to pass the orders/judgment in the reserved case.
The Hon'ble Bench which reserved the order/judgement should notify the actual date fixed for pronouncement of the order/judgment well in advance as far as practical.
(ii)The new or present Bench shall not list matters which were reserved for final judgment/order, without approval of the Hon'ble President.
In the meanwhile, if matters which were reserved for final judgment/order by the earlier bench is listed for hearing by new/present Hon'ble Bench by oversight or any other reason, such order needs to be recalled by new/present Hon'ble Bench immediately.”
From the report it appears that as per direction of the President the matter is to be pronounced by the Bench which has reserved the order on 06.06.2023 and 30.06.2023.
Learned Counsel for the appellant submits that now it is about six months when the matter was reserved but appellant has not been intimated about any further proceedings in the matter.
After considering submission of counsel for the parties and perusing the report we do not find any error in the order passed by Adjudicating Authority on 12.10.2023 relying on the communication dated 25.09.2023.
As per report of Registrar the matter is under consideration before the forum of Sh. Kuldeep Kumar Kareer Hon’ble Member Judicial and Smt. Anuradha Bhatia Hon’ble Member Technical for passing appropriate order.
We after noticing the aforesaid contends of the report close this appeal. Appellant shall be at liberty to make an application or make such request as advised before the concerned Bench.
With these observations, we dispose of this appeal.