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Judgment
Per: Justice Rakesh Kumar Jain (Oral)
This appeal is filed by the RP of M/s KSL & Industries Ltd. who is aggrieved against the order dated 31.01.2024 passed by the National Company Law Tribunal, Ahmedabad. Counsel for the applicant has submitted that he has filed an application bearing I.A. No. 214 of 2024 in CP (IB) No. 397 of 2018 under Rule 13 of NCLT Rules, 2016
which provides that “13. Listing of cases. - An urgent matter filed before 12 noon shall be listed before the Tribunal on the following working day, if it is complete in all respects as provided in these rules and in exceptional cases, it may be received after 12 noon but before 3.00 P.M. for listing on the following day, with the specific permission of the Bench.”
He has submitted that the application had to be filed because Respondent No.1 i.e. Additional Tahsildar, Ichalkaranji, Distt. Kolhapur, Maharashtra is trying to auction the property of the CD’s despite the moratorium being in place. It is submitted that in the said application, the Tribunal has passed an order on 31.01.2024 listing it for 21.02.2024. Since the application was not making any headway, therefore, the appellant has approached this court by way of this appeal so that an appropriate direction may be issued to the Ld. Tribunal, seized the application, filed by the appellant, to decide the same at the earliest in order to avoid the sale of property of the CD which otherwise cannot be sold, in view of Section 14 of the Insolvency and Bankruptcy Code, 2016.
Notice in the appeal was issued. Both the respondents were served but no one appeared on their behalf and were proceeded against ex-parte on 25.04.2024 and this appeal was listed for arguments.
It is pertinent to mention that on 09.02.2024, while issuing notice, this court also passed an interim order that “in pursuance of the Auction
held on 31st January, 2024, possession of the assets shall not be taken from the Corporate Debtor.”
Since the prayer made by the appellant is totally innocuous, in as much as the appellant has prayed that the application bearing I.A. No. 214 of 2024 filed in CP (IB) No. 397 of 2018 may be ordered to be heard by the Tribunal on priority and an appropriate order may be passed in this regard, therefore, we dispose of this appeal, while directing the Ld. Tribunal, seized of the I.A filed by the appellant which is stated to be pending till today, to decide the same as early as possible much less on the date already fixed i.e. 14.10.2024. Till then the stay granted by this court on 09.02.2024 shall continue.