Jitendra Bhandari vs Ravindra Beleyur & Ors.

20.01.2023: After ‘Hearing’ the ‘Arguments’ of the Learned Counsel for the ‘Appellant’, Mr. Karthik Seshadri for quite some time, the Learned Counsel for the ‘Appellant’ seeks permission from this ‘Tribunal’ to withdraw the instant Comp. App. (AT)(CH)(Ins) No.369/2022. Acceding to his said request, the instant Comp. App. (AT)(CH)(Ins) No.369/2022 is ‘dismissed’ as ‘withdrawn’. No Costs.

Before taking part with the case, this ‘Tribunal’ grants ‘Liberty’ to the ‘Appellant’, to file necessary ‘Interlocutory Application’, setting out the facts relating to the filing of the ‘Reply’ / ‘Counter’ before the ‘Office of the Registry’ of the ‘Adjudicating Authority’ (National Company Law Tribunal, Special Bench-1, Chennai), (vide Page No.81 of instant the Comp. App. (AT)(CH)(Ins) No.369/2022), and the said ‘Application’ shall be filed within ‘One Week’, from the date of passing of the ‘Order’, ‘Today’.

In the event of filing an ‘Application’ by the ‘Appellant’ / ‘Applicant’, pointing out the fact that ‘Counter’ to IA/715(CHE)/2022 in CP(IB)/61(CHE)/2021 was, indeed filed before the ‘Office of the Registry’ of the ‘Adjudicating Authority’, (National Company Law Tribunal, Special Bench-1, Chennai) and by oversight that was not taken into account and not reflected in the ‘Order’ of the ‘Adjudicating Authority’ (National Company Law Tribunal, Special Bench-1, Chennai), the ‘Adjudicating Authority’ (National Company Law Tribunal, Chennai) shall take into account of the ‘Arguments Advanced’ on other side in the said ‘Application’ (of course, after providing opportunities), and to pass a reasoned, speaking order, in qualitative and quantitative manner, of course, in a just, fair and dispassionate manner, uninfluenced and untrammelled with any of the observations made by this ‘Appellate Tribunal’, in this Comp. App. (AT)(CH)(Ins) No.369/2022 and also in the ‘Order’ made by the ‘Adjudicating Authority’ (National Company Law Tribunal, Special Bench-1, Chennai) dated 05.09.2022 in CP(IB)/61(CHE)/2021.

The Learned Counsels appearing for the respective parties are at ‘Liberty’ to raise all ‘Factual’ and ‘Legal Pleas’, and the same shall be taken into account and a ‘reasoned order’ may be passed by the ‘Adjudicating Authority’ (National Company Law Tribunal, Special Bench-1, Chennai).

With the above ‘Directions’, the instant Comp. App. (AT)(CH)(Ins) No.369/2022 is ‘disposed of’. No Costs.