Prakash K. Pandya vs National Company Law Tribunal( Mumbai Branch)

Heard Learned Counsel for the Appellant.

This Appeal has been filed against the Order dated 09th February, 2022 passed by the Adjudicating Authority (National Company Law Tribunal, Mumbai Bench, Court II). By the Impugned Order, the Adjudicating Authority directed the matter to be listed on 04th April, 2022. Learned Counsel for the Appellant submits that the Corporate Insolvency Resolution Process is in 05th Year and Resolution Plan has already been approved by the Committee of Creditors (CoC in short) and pending consideration. Further an Application under Section 12A of the I & B, Code, 2016 has also been filed apart from other I.As which are pending. Learned Counsel for the Appellant submits that due to certain events which happened on the date of hearing including the Counsels arguing among themselves, the Court was not inclined to hear the matter and adjourned the Application.

The Impugned Order does not indicate any such recording, we however are of the view that the Adjudicating Authority is clothed with ample power to deal with clients or counsels who appear in the Court. Counsels being Officer of the Court have to maintain decorum all time and Adjudicating Authority has ample jurisdiction under Section 425 of the Companies Act to deal with. The Impugned Order being only of fixing a date, we are not inclined to entertain this Appeal at this stage. We however observe that the Adjudicating Authority on the date fixed shall endeavor to dispose of the matter and I.As pending for last several years.

With these observations, the Appeal is dismissed.