Tribunals and CommissionsDivision Bench(2022) 02 NCLAT CK 0070

Mr. Bhavesh Rathod Liquidator of Ashapura Intimates Fashions Limited Vs

National Company Law Appellate Tribunal · Decided on 21 February 2022

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Dr. Alok Srivastava, Member (T)
RESULT
Dismissed
CASE NUMBER
Company Appeal (AT) (Ins.) No. 168 Of 2022

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Judgment

6 paragraphs · 195 words
1.

Heard Learned Counsel for the Appellant.

2.

This Appeal arising against the order dated 20.01.2022 passed by the Adjudicating Authority (National Company Law Tribunal), Court-I, Mumbai Bench in which I.A 765 of 2021, following order has been passed:-

“IA 765/2021

Mr. Kunal Kanungo, Advocate for the Applicant is present. We have observed that the Hard Copies have not yet been submitted. Applicant is directed to submit two sets of Hard Copies of this Application well before the next date of hearing. Accordingly, list this Application on 15.03.2022.”

3.

We are of the view that this Appeal arising out of the above order cannot be entertained since Appellant can in no manner be aggrieved by the said order. Learned Counsel for the Appellant however submits that the Application filed by a third party being I.A 765 of 2021 is pending and there is interim order operating in the liquidation proceeding. Be that as it may, it is open for the Appellant to make request before the Adjudicating Authority for disposal of the Application I.A 765 of 2021. However, for the said relief, this Appeal cannot be entertained.

4.

With these observations, the Appeal is dismissed.