AI Structured Summary
Not yet generated for this judgment
Judgment
‘Heard’ the Learned representing Counsel appearing for the ‘Appellant’. Also, ‘Heard’, the Learned Counsels appearing for the ‘Respondent No. 1’, ‘Respondent No. 2’ / ‘Bank’ and ‘Respondent No. 23’.
Preface :
On behalf of the ‘Appellant’, it is brought to the fore, that the correct number of Company Petition, is CP/IB/540(CHE)/2017, on the file of the ‘Adjudicating Authority’ (National Company Law Tribunal, Division Bench – II, Chennai), and that CP(IB)/889(CHE)/2019, mentioned in the Impugned Order is an ‘incorrect one’, for which, the Learned representing Counsel for the ‘Appellant’ had given a letter to the ‘Adjudicating Authority’/ ‘Tribunal’, dated 06/06/2023 to rectify the ‘creeping in of an error’, which is an ‘inadvertent one’. Therefore, the Impugned Order, dated 12/05/2023, is arising out of IA/117(CHE)/2021 in CP(IB)/540(CHE)/2017. Suffice it for this ‘Tribunal’, to make a pertinent mention that the ‘Company Petition Number’, mentioned in the instant Appeal is CP(IB)/889(CHE)/2019, is an ‘incorrect one’, and the said fact, is hereby recorded by this ‘Tribunal’.
Result :
Consequent to the dismissal of the Company Appeal (AT) (CH) (Ins) No. 251/2023, passed by this ‘Tribunal’, on 10/08/2023, the instant Company Appeal (AT) (CH) (Ins) No. 252/2023, is dismissed, as an infructuous one because of the fact that the ‘Adjudicating Authority’ / ‘Tribunal’, was right in not entertaining the IA/117(CHE)/2021 in CP(IB)/540(CHE)/2017. No Costs.