Tribunals and CommissionsFull Bench(2024) 05 NCLAT CK 0037

Omkara Assets Reconstruction Pvt. Ltd vs Goldsouk Infrastructure Pvt. Ltd

National Company Law Appellate Tribunal · Decided on 14 May 2024

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Barun Mitra, Member (T) · Arun Baroka, Member (T)
RESULT
Dismissed
CASE NUMBER
Company Appeal (AT) (Insolvency) No. 932 & 933 of 2024 & I.A. No. 3398 Of 2024

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Judgment

4 paragraphs · 235 words
1.

These two appeals have been filed against orders dated 12.03.2024 and 26.04.2024.

2.

By order dated 12.03.2024, I.A. No.956 of 2024 filed by the Appellant has been allowed subject to payment of a cost of Rs.10 Lakhs. The Adjudicating Authority taking the view that there was sufficient ground to allow the application since there was huge amount of debt allowed the application but subject to payment of cost of Rs.10 Lakhs because of the delay which was caused in filing of the application by the Appellant i.e. much subsequent to the petition under Section 7 being dismissed on 20.07.2023. We do not find any error in order dated 12.03.2024 warranting any interference in the impugned order.

3.

Subsequently, the Appellant filed an I.A. No. 1919 of 2024, which application has been allowed and Adjudicating Authority by order dated 26.04.2024 has reduced the cost from Rs.10 Lakhs to Rs.5 Lakhs. The application which was filed by the Appellant itself contemplated the cost be reduced from Rs.10 Lakhs to Rs.5 Lakhs, which according to the Appellant was orally observed by the Adjudicating Authority while hearing the application on the earlier occasion. When the prayer made by I.A. No.1919 of 2024 has been accepted, we fail to see any reason for filing this appeal by the Appellant. We do not see any ground to interfere in the impugned order dated 26.04.2024.

4.

Both the appeals are dismissed.