Tribunals and CommissionsDivision Bench(2022) 11 NCLAT CK 0039

Q Top Fab Engineering Pvt. Ltd vs Avon Engineering & Ors

National Company Law Appellate Tribunal · Decided on 11 November 2022

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Barun Mitra, Member (T)
RESULT
Dismissed
CASE NUMBER
Company Appeal (AT) (Insolvency) No. 1334 Of 2022 & I.A. No.4135 Of 2022

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

5 paragraphs · 182 words
1.

Delay of 5 days in filing the Appeal is condoned. I.A. No. 4135 of 2022 is disposed of.

2.

This Appeal has been filed against order dated 27.07.2022 by which I.A. No. 253 of 2020 filed by the Corporate Debtor seeking the impleadment of Ex- Directors of the Corporate Debtor was rejected. Learned counsel for the Appellant contended that in fact, in the Balance Sheet there is no due reflected. However, a document has been filed claiming to be Balance Confirmation signed by Respondent No.2.

3.

We have considered the submissions of the Appellant and perused the record.

4.

Learned Adjudicating Authority while rejecting the application for impleadment has already observed that the contention in the application for both sides are kept open to be argued during the hearing of main application.

It is open for the Appellant to submit all relevant documents and contentions and mere non-impleadment of the Ex-Directors can have no bearing on decision on the questions to be decided by the Adjudicating Authority after considering relevant materials produced before it. With these observations, we dismiss the appeal.