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Judgment
ORDER
The Company Appeal (AT) (CH) (Ins) No. 13/2024 stood finally adjudicated by this Tribunal, vide its Judgment dated 29.04.2024. The said judgment was carried to challenge before the Honourable Apex Court, in the Civil Appeal No. 6332/2024 M/s. Bhaguamagar Hotels Pvt. Ltd. Vs. Krishna Mohan Gollamudi (Liquidator of Sainath Estates Pvt. Ltd.). The Honourable Apex Court while dismissing the Civil Appeal has passed the following orders: -
“We do not find any good ground and reason to interfere with the impugned judgment and hence, the appeal is dismissed. It is stated on behalf of the appellant – M/s. Bhagyanagar Hotels Pvt. Ltd. that the appellant would like to move an application before the National Company Law Appellate Tribunal/Liquidator to give the appellant three months’ time to close the running hotel, and that the appellant is agreeable to reasonable terms which may be fixed by the NCLAT/Liquidator. The letter/application requesting for time, may be moved to the respondent – Liquidator/NCLAT. In case such request is made the same will be considered in accordance with law.”
The Honourable Apex Court while dismissing Appeal, had granted liberty to the Appellant therein to approach this Tribunal by filing an appropriate application for seeking an extension of time, to close the running hotel, which was subject matter of the Appeal, as it was adjudicated by this Tribunal.
In compliance, thereto the Appellant has filed IA No. 471/2024, praying for reopening of the Company Appeal, to be heard afresh on merits. Infact this Application preferred by the Appellant is mis-conceived and contrary on the face of it to the judgment of the Honourable Apex Court dated 17.05.2024, since the Appeal stood dismissed by the Honourable Apex Court. Therefore, the Appeal cannot be permitted to be reopened to be heard afresh. Thus, IA No. 471/2024 being misconceived would stand dismissed.
As far as IA No. 472/2024 is concerned, as preferred by the Appellant, he has prayed that he may be granted 3 months’ time further to vacate the premises in furtherance of the Order of the Honourable Apex Court dated 17.05.2024 The said Application had been moved by the Appellant, for various contentions as contained therein. This Tribunal at this stage is not required to dwell into those nicety of pleading and technicalities of law for extension of time, but rather it has to be take the decision, on the directions as expressed by the Honourable Apex Court in its judgment dated 17.05.2024. Owing to the liberty granted by the Honourable Apex Court, the IA No. 472/2024 is being disposed of with an undertaking recorded by the Appellant, through their Counsel, that they would ensure to vacate the premises within 3 months from today positively and it is made clear that henceforth no further extension would be granted by this Tribunal. The Learned Counsel for the Respondent submits that the Appellant has filed another IA No. 473/2024 for staying the orders dated 04.12.2023 and 07.05.2024, as passed by the NCLT during the pendency of this present Application. It is made clear that no independent orders are required to be passed in the same in view of the above order passed on IA No. 472/2024.