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Judgment
13.01.2025: These two appeals have been filed against the same order dated 13.12.2024 passed by the National Company Law Tribunal, New Delhi Principal Bench by which an application filed by the SRA for impleadment in the IA filed by the applicant has been allowed.
Ld. Counsel for the appellant challenging the order passed by Adjudicating Authority dated 13.12.2024 submits that the applicant had filed their applications bearing nos. 4906/2023 and 2661/2024, where SRA has been permitted to be impleaded without appellant having been given any opportunity to oppose the Impleadment. Ld. Counsel for the appellant referred to the order passed by this Tribunal dated 08.05.2024 where the resolution plan has been sent back for resubmission by the SRA. It is submitted that the applicant who had filed their belated application for accepting their belated claims was required to be given opportunity before passing an order for impleadment.
We have heard counsel for the appellant and perused the record. The application which was filed by the applicant are application to accept their belated claims which could not be filed before the approval of the earlier plan by CoC at the earlier round. From the material brought on the record it does appear that Adjudicating Authority has issued notice on the application on 26.11.2024 when the notice was issued to the applicant on the application filed by the SRA for SRA to be impleaded it is well within the power of the applicant to file any reply, if any.
We thus are the view that direction for Adjudicating Authority to implead the SRA in the applications filed by the appellant for accepting their belated claims does not warrant any interference. SRA who has been asked to resubmit the resolution plan is the effected party with regard to admission of any claims of the applicant and it was required to he heard on any claims applications by which belated claims were sought to be prayed to be accepted.
We however make it clear that by virtue of impleadment of SRA there is no expression of merits of the application by the Adjudicating Authority which are still open to be considered and decided in accordance with law.
Ld. Counsel for the Respondents submits that orders have already been reserved on 10.01.2025, which is not the issue to be considered at this stage.
With these observations, both the appeals are dismissed.