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Tribunals and CommissionsDivision Bench(2023) 09 NCLAT CK 0030

Murliwala Realcon Pvt. Ltd vs MRG Infrabuild LLP

National Company Law Appellate Tribunal · Decided on 14 September 2023

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Barun Mitra, Member (T)
RESULT
Disposed Of
CASE NUMBER
Company Appeal (AT) (Insolvency) No.1097 Of 2023

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Judgment

6 paragraphs · 353 words
1.

Heard learned counsel for the parties. This Appeal has been filed against the order dated 04.07.2023 by which order the application filed by the Appellant for setting aside the ex-parte order dated 20.09.2022 has been rejected.

2.

In  the  present  case,  opportunity  was  granted  by  the  Adjudicating Authority to the Appellant to file Reply on more than two occasions and on 20.09.2022 when nobody appeared on behalf of the Corporate Debtor, the Adjudicating Authority directed to hear the matter ex-parte. Even application filed for recall of order dated 20.09.2022 was rejected.

3.

Learned counsel for the Appellant submits that there had been dispute between the two construction companies namely Murliwala Realcon Pvt. Ltd. (Appellant) and MRG Infrabuild LLP (Respondent) and there has been criminal proceedings also between the parties and the High Court of Punjab and Haryana at Chandigarh has already granted anticipatory bail to the Directors of the Appellant. Learned counsel for the Appellant submits that there is no doubt that the Appellant has defaulted by not filing reply as was allowed by the Adjudicating Authority; but due to the reasons as mentioned in the application that there was some misunderstanding that earlier counsel was pursuing the petition, however, they were unable to update, the Corporate Debtor failed to file reply. Learned counsel for the Appellant submits that the reply is ready and he will file the same by tomorrow after serving an advance copy to the other side.

4.

It has been submitted by learned counsel for the Respondent that now the matter is listed on 18.09.2023 before the Adjudicating Authority.

5.

In the facts of the present case, we are of the view that ends of justice be served in allowing one opportunity to the Appellant to file Reply by tomorrow after serving a copy to the Respondent and further payment of cost of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the Respondent. The cost shall be paid within one week. The Appeal is disposed of with aforesaid direction.

6.

Learned counsel for the Appellant submits that no adjournment shall be taken by the Appellant before the Adjudicating Authority.