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Judgment
O R D E R
11.07.2024: All these appeals have been filed against order dated 09.04.2024 passed by the Adjudicating Authority (National Company Law Tribunal), New Delhi, Court III. Company Appeal (AT) (Ins.) No.820 of 2024 has been filed against order dated 09.04.2024 passed in IA No. 3923 of 2023 filed by the Resolution Professional. Company Appeal (AT) (Ins.) No.1023 of 2024 has been filed against order dated 09.04.2024 passed in IA No.4529 of 2023. Company Appeal (AT) (Ins.) No.1024 of 2024 has been filed against order dated 09.04.2024 passed in IA No.4528 of 2023 filed by PTC Engineer India Pvt. Ltd. and Company Appeal (AT) (Ins.) No.997 of 2024 has been filed by PTC Engineer India Pvt. Ltd. against order dated 09.04.2024 passed in IA No.4528 of 2023.
In the CIRP of Nipman Fastener Industries Pvt. Ltd., the Resolution Professional filed IA No.3923 of 2023 seeking direction against PTC Engineer India Pvt. Ltd. to handover the factory premises including land and building situated at Plot No.C-198, Yadav Nagar Industrial Area, Bulandshahar Road, Ghaziabad, Uttar Pradesh. IA No.4529 of 2023 was filed by PTC Engineer India Pvt. Ltd. praying for allowing the applicant to file its EOI in the CIRP of the Corporate Debtor. IA No.4528 of 2023 was filed by PTC Engineer India Pvt. Ltd. seeking direction that factory premises situated at Plot No.C-198, Yadav Nagar Industrial Area, Bulandshahar Road, Ghaziabad, Uttar Pradesh and run by PTC Engineer India Pvt. Ltd. be excluded from the asset pool of the Corporate Debtor. The Adjudicating Authority has passed an order on 09.04.2024 in IA No.4528 of 2023, where following directions have been issued in Para 24:
“24.We, therefore, direct the Resolution professional to accept the EOI and consider the EOI of the Applicant on merit, after due verification of the requisite documents and place it before the CoC for consideration.”
Learned counsel for the Resolution Professional submits that in Para 12 to Para 14, the Adjudicating Authority has recorded the pleadings in IA No. 4529 of 2023 filed by PTC Engineer India Pvt. Ltd. whereas the application which was sought to be decided was IA No.4528 of 2023.
When we come to the other appeal i.e. Company Appeal (AT) (Ins.) No.820 of 2024, the Adjudicating Authority by the order dated 09.04.2024 has disposed of application IA No.3923 of 2023 in view of the order passed in IA No.4528 of 2023. As noted above, the prayers in IA No.3923 of 203 were entirely different and were required to be adjudicated and said application ought not to have been disposed of in view of order dated 09.04.2024 in IA No.4528 of 2023. The order dated 09.04.2024 passed in IA No.3923 of 2023 is thus unsustainable.
Now coming to Company Appeal (AT) (Ins.) No.997 of 2024, the order has been passed in IA No.4528 of 2023 in which by Para 24, the application was disposed of. As submitted by learned counsel for the Resolution Professional, in the order pleadings of another application i.e. IA No.4529 of 2023 has been recorded and the Adjudicating Authority has after recording the pleadings in IA No.4529 of 2023 has disposed of IA No.4528 of 2023.
Now coming to Company Appeal (AT) (Ins.) No.1023 of 2024, which is order passed by the Adjudicating Authority in IA No.4529 of 2023, which was disposed of in terms of order passed in IA No.4528 of 2023. The prayer in IA No.4529 of 2023 which application was filed by PTC Engineering India Pvt. Ltd. were entirely different and the application could not have been disposed of in terms of IA No.4528 of 2023. Hence, the order dated 09.04.2024 in IA No.4529 of 2023 has also become unsustainable.
In facts of the present case, we are of the view that ends of justice be served in setting aside order passed in all aforesaid applications and remitting all the applications before the Adjudicating Authority for fresh consideration for hearing both the parties and decide the applications in accordance with law. All the Appeals are disposed of accordingly and Applications are remitted before the Adjudicating Authority to be heard and decided.