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Judgment
ORDER
16.11.2022: Heard Mr. Y. Suryanarayana, the Learned Counsel for the ‘Petitioners’ / ‘Appellants’ in IA No.984 in Comp. App. (AT)(CH)(Ins) No.405/2022. According to the ‘Petitioners’ / ‘Appellants’, the ‘Impugned Order’ came to be passed on 26.09.2022 in IA No.881/2020 in IA No.653/2020 in CP (IB) No.341/7/HDB/2019 by the ‘Adjudicating Authority’ (National Company Law Tribunal, Hyderabad Bench - I) and the instant Comp. App. (AT)(CH)(Ins) No.405/2022 came to be filed on 09.11.2022 and that the period of ‘30 days’ from the date of ‘Pronouncement of Order’ got expired on 26.10.2022 and further period of ‘15 Days’ will expire on 10.11.2022. However, in the instant Case, the ‘Appeal’ came to be filed on 09.11.2022, which is well within (30+15 = 45 Days), the ‘outer limit’, provided under the Insolvency & Bureaucracy Code, 2016. The reason ascribed on behalf of the ‘Petitioners’ / ‘Appellants’, in not preferring the aforesaid ‘Appeal’ ‘in time’ and for the ‘Delay’ of ‘14 Days’ (after 30 days) is that the Learned Counsel for the ‘Appellants’ had faced an ‘unforeseen medical emergency’ in his family and, therefore, the substantial period of ‘30 Days’ got expired and, as such, the ‘Petitioners’ / ‘Appellants’ could not prefer the ‘Appeal’, ‘in time’.
Furthermore, because of the aforesaid, inevitable circumstances, the ‘Petitioners’ / ‘Appellants’ were perforced to appoint the Learned Counsel on ‘Record’ to ‘Draft’ and file the instant Comp. App. (AT)(CH)(Ins) No.405/2022 and in that process there has occasioned a further delay of ‘14 Days’, which is well within the ‘outer limit’ of 30+15 = ‘45 Days’ and, hence, the said delay, according to the ‘Petitioners’ / ‘Appellants’ may be ‘condoned’ by this ‘Hon’ble Tribunal’, by taking a lenient, liberal and pragmatic view.
This ‘Tribunal’ after taking into consideration the ‘Pleas’ of the ‘Petitioners’ / ‘Appellants’ in IA No.984 in Comp. App. (AT)(CH)(Ins) No.405/2022, on being subjectively satisfied as to the reasons ascribed on the side of the ‘Petitioners’ / ‘Appellants’, ‘condones’ the ‘delay of 14 Days’ to secure the ‘ends of Justice’ and resultantly ‘Allows’ the IA No.984 in Comp. App. (AT)(CH)(Ins) No.405/2022, but, without Costs.
Heard Mr. Y. Suryanarayana, the Learned Counsel appearing for the ‘Appellants’.
After ‘Hearing’ the Learned Counsel for the ‘Appellants’, for quite some time, the Learned Counsel for the ‘Appellants’ seeks permission from this ‘Tribunal’ to withdraw the instant Comp. App. (AT)(CH)(Ins) No.405/2022. Acceding to his said request, the instant Comp. App. (AT)(CH)(Ins) No.405/2022 is ‘dismissed’ as ‘withdrawn’. No Costs.
Before parting with the Case, this ‘Tribunal’ lucidly makes it quite clear that the ‘dismissal’ of the ‘instant Comp. App. (AT)(CH)(Ins) No.405/2022’ will not preclude the ‘Appellants’ to raise all available ‘factual’ and ‘legal pleas’, before the ‘Adjudicating Authority’ (National Company Law Tribunal, Hyderabad Bench - I) in IA No.881/2020 in IA No.653/2020 in CP (IB) No.341/7/HDB/2019 and seek redressal of its ‘grievances’ in the manner known to Law and in accordance with Law.
It is made quite clear that the ‘Adjudicating Authority’, (National Company Law Tribunal, Hyderabad Bench - I) shall at the time of passing of the ‘Final Order’ in IA No.881/2020 in IA No.653/2020 in CP (IB) No.341/7/HDB/2019 shall advert to the ‘factual’ and ‘legal pleas’, so raised by the ‘Appellants’ and shall consider the same in one way or the other, and to pass a ‘reasoned and speaking order’, of course, uninfluenced and untrammelled, with any of the observations, made by this ‘Tribunal’ in this ‘Appeal’. The connected IA/985/2022 (for ‘Stay’) is Closed.