Tribunals and CommissionsDivision Bench(2021) 09 NCLAT CK 0091

M/s R.K. Industries (Unit-II) LLP vs HR Commercials Pvt. Ltd. & Ors

National Company Law Appellate Tribunal · Decided on 27 September 2021

HON’BLE JUDGES
Jarat Kumar Jain, Member (J) · Dr. Alok Srivastava, Member (T)
CASE NUMBER
Company Appeal (AT) (Ins) No. 690 of 2021

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Judgment

15 paragraphs · 343 words

Learned Counsel for the Appellant submits that Welspun Steel Resources Pvt. Ltd. in brief (WSRPL) has filed Civil Appeal No. 5855 of 2021 before the Hon'ble Supreme Court in which Hon'ble Supreme Court vide order dated 21.09.2021, while disposing the Appeal directed as under:

"We direct the NCLAT to dispose of the matter, pending adjudication before it, in accordance with law expeditiously preferable within two months."

Learned Senior Counsel Mr. Arun Kathpalia submits that WSRPL is necessary party. Therefore, it may be impleaded as Respondent.

Learned Counsel appearing on behalf of M/s Kanter Steel India Pvt. Ltd. is also requesting that it may be impleaded as Respondent.

Learned Counsel for the Appellant has no objection to implead them as a Respondent. Therefore, we direct the Appellant to implead them Respondent and make necessary corrections in the Memo of Appeal.

Learned Senior Counsel Mr. Arun Kathpalia, submits that they have already filed the Reply to the Appeal on behalf of WSRPL.

Learned Senior Counsel, Mr. Arun Kathpalia, further submits on behalf of WSRPL that they may be permitted to place on record the application I.A. No. 445 of 2021 which was filed before the Adjudicating Authority. Permitted to do so.

Learned Counsel for the Respondent No.1 further seeks and is granted one weeks time to file Reply Affidavit.

Learned Counsel for Respondent No. 2 submits that he has already filed the Reply of the Appeal, which is taken on record.

Learned Counsel for the M/s Kanter Steel Pvt. Ltd. seeks and is granted one weeks time to file Reply.

Learned Counsel for the parties are directed to file Reply positively within a week.

Learned Counsel for the Appellant seeks and is granted two weeks time to file Rejoinder.

Learned Counsel for the parties are directed to file Written Submissions not more than three pages along with relevant Citations.

The Liquidator is directed that the amount which is deposited by the Bidders may be invest in fixed deposit for 45 days.

Let the matter be fixed 'For Hearing' on 26th  October, 2021 at 2.00 PM.