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Judgment
ORAL ORDER
[Per: Justice Rakesh Kumar Jain (MJ)]
This Appeal is directed against the Order dated 13.01.2023 by which IA/142(CHE)/2022 in MA/37(CHE)/2021, filed by the RP, for removal of the name of the Appellant (fourth Respondent) i.e., M/s. Rocksand Minerals Private Limited has been allowed without issuing any Notice to the Appellant.
Counsel for the Appellant has submitted that the Impugned Order is against the principles of natural justice as the Tribunal has committed an error in removing its name from the array of Respondents without issuing Notice to them which is against the fundamental principle of law that nobody should be condemned unheard.
Counsel for the RP has submitted that the Committee of Creditors (`CoC’) had taken a decision regarding the Resolution Application by 100% Voting Share on 21.12.2020, pursuant to which the RP had filed an Application for the approval of the Resolution Plan before the NCLT on 03.02.2021 and since then the matter is pending before it. He has submitted that the present Appeal may be allowed and the matter may be remanded back to the Tribunal to take a decision on all the Applications including the one filed by the RP bearing MA/37/CHE 2021 which is now fixed for 20.07.2023.
Keeping in view the aforesaid facts and circumstances, the present Appeal is hereby allowed and the Impugned Order dated 13.01.2023 passed in IA/142(CHE)/2022 filed in MA/37(CHE)/2021 is hereby set aside and the matter is remanded back to the Tribunal to decide this Application after Notice to the Appellant with other pending Application.
The Parties are directed to appear before the Tribunal on 20.07.2023 i.e., the date already fixed.
Comp. App. (AT) (CH) (Ins.) No.66/2023:
This Appeal is directed against the Order dated 13.01.2023 passed by the National Company Law Tribunal Division Bench, Court No. 1, Chennai by which IA/330(CHE)/2022 filed by the Appellant in MA/37(CHE)/2021 has been dismissed as pre-mature.
Shorn of unnecessary details, Counsel for the RP has pointed out that despite the fact that the Resolution Plan got the approval of the Committee of Creditors (`CoC’) on 21.12.2020 with 100% Voting Share and the fact that the RP had filed the Application on 03.02.2021 before the NCLT for the approval of Resolution Plan, the matter is not making any headway because of various Applications being filed from time to time and the Appeals against those Orders are being filed before the Appellate Authorities. Counsel for the RP has thus submitted that the Order by which the Application bearing IA/330(CHE)/2022 has been dismissed by the Learned Tribunal as pre-mature maybe set aside and the matter may be remanded back to the Learned Tribunal to take into consideration the said Application at the time of passing Orders in regard to the approval or otherwise of the Resolution Plan having been submitted by the RP to its jurisdiction.
In view of the aforesaid stand taken by the RP and the very fact that the matter is hanging fire from the last two years in regard to the approval or otherwise of the Resolution Application, we deem it just and expedient to set aside the Order dated 13.01.2023 passed in IA/330(CHE)/2022 filed at the instance of the Appellant with a direction to the Learned Tribunal to consider this Application again at the time of taking decision on the Application i.e., MA/37(CHE)/2021 along with other pending Applications.
With these observations, the present Appeal is hereby allowed.
The parties are directed to appear before the Learned Tribunal in the matter already fixed for 20.07.2023.