Tribunals and CommissionsDivision Bench(2023) 08 NCLAT CK 0054

Paradise Plastics Enterprises Ltd vs Machino Polymers Ltd

National Company Law Appellate Tribunal · Decided on 18 August 2023

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Barun Mitra, Member (T)
RESULT
Dismissed
CASE NUMBER
Comp. App. (AT) (Ins.) No.1087 Of 2023

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Judgment

5 paragraphs · 190 words
1.

This Appeal has been filed against the order dated 17.07.2023 passed by the Adjudicating Authority (National Company Law Tribunal) Mumbai Bench, by which order IA No. 2833 of 2023 has been rejected by the Adjudicating Authority. In CP (IB) No. 1166/2021 arguments were heard on 22.06.2023 and order was reserved. Appellant thereafter filed an Application praying for rehearing of the Appeal and in alternative to accept certain additional documents and judgements along with the Application. Adjudicating Authority rejected the said Application and observed that Counsel was heard at length and thereafter reserved the order.

2.

We do not find any error in the order of the Adjudicating Authority rejecting IA No. 2833 of 2023.

3.

Learned Counsel for the Appellant lastly submitted that the Appellant ought to have been granted liberty to file written submissions along with the judgments.

4.

We are of the view that it is for the Appellant to make an appropriate prayer to the Adjudicating Authority to file written submissions and it is for the Adjudicating Authority to permit written submissions by both the parties or not.

5.

With these observations, we dismiss the Appeal.