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Tribunals and CommissionsDivision Bench(2022) 05 NCLAT CK 0786

Kaushik Palcha vs M/s. Classic Exports

National Company Law Appellate Tribunal, CHENNAI Bench · Decided on 11 May 2022

HON’BLE JUDGES
M. Venugopal, Member (Judicial) · Kanthi Narahari, Member (Technical)
CASE NUMBER
Company Appeal (AT) (CH) (INS) No. 140 of 2022 & IA Nos.326, 327, 370, 371 & 372 of 2022

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Judgment

10 paragraphs · 362 words

ORDER

11.05.2022: Heard Mr. P.H. Arvindh Pandian, the Learned Senior Counsel appearing for the Applicant / Appellant.

The Applicant / Appellant has filed the recent IA/372/2022 in the instant Company Appeal (AT) (CH) (INS) No. 140 of 2022 seeking to implead the Resolution Professional Mr. S. Vasudevan of the Corporate Debtor as the 2nd Respondent in the instant Company Appeal filed by the Applicant / Appellant in Company Appeal (AT) (CH) (INS) No.140 of 2022.

In view of the fact that the IRP Mr. S. Vasudevan of the Corporate Debtor is sought to be impleaded as the 2nd Respondent in an Appeal based on the IA/372/2022 in the instant Company Appeal (AT) (CH) (INS) No.140 of 2022 filed by the Applicant / Appellant, this Tribunal ‘in the interest of Justice’, allowing IA/372/2022 in the instant Company Appeal (AT) (CH) (INS) No.140 of 2022. No costs.

Consequent to the allowing of IA/372/2022 in the instant Company Appeal (AT) (CH) (INS) No. 140 of 2022, the IRP Mr. S. Vasudevan of M/s. Ram Charan Company Private Limited is directed to be impleaded as the 2nd Respondent in the instant Company Appeal (AT) (CH) (INS) No. 140 of 2022.

The newly ‘added Party / the 2nd Respondent’ is required to file the ‘status report’ before the ‘Office of the Registry’ before the next date of ‘Hearing’.

In this regard, the Learned Counsel for the Applicant / Appellant is required to serve a copy of the ‘Appeal Paper Book(s) / Material Papers’ to the Learned Counsel for the 2nd Respondent / IRP (Newly added party) through ‘E-mail’ and through ‘Physical Mode’ within one week from today.

The Learned Counsel for the 2nd Respondent / IRP shall provide the ‘Mobile Number’ / ‘E-Mail’ address to the Learned Counsel for the Appellant to do the needful, in his regard.

It is open to the Learned Counsel for the Applicant / Appellant to make a mention about the filing of 12A Application before the ‘Adjudicating Authority’ (National Company Law Tribunal, Division Bench-1, Chennai) on 25th May 2022.

The ‘Office of the Registry’ is directed to list the instant Company Appeal (AT) (CH) (INS) No. 140 of 2022 on 15.07.2022.