Tribunals and CommissionsDivision Bench(2023) 01 NCLAT CK 0107

Rohit Sehgal Liquidator HBN Dairies & Allied Ltd Vs

National Company Law Appellate Tribunal · Decided on 30 January 2023

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Barun Mitra, Member (T)
RESULT
Disposed Of
CASE NUMBER
Company Appeal (AT) (Insolvency) No.770 Of 2022

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Judgment

3 paragraphs · 202 words
1.

This Appeal has been filed against the order dated 13.04.2022 passed by the Adjudicating Authority on I.A. No. 1667 of 2022. I.A. was filed by the Liquidator praying for extension of liquidation period for one year. The Adjudicating Authority by the impugned order granted extension for period of 90 days. Aggrieved by the said order, this Appeal has been filed.

2.

We had issued notice in the Appeal on 13.07.2022. When the matter was taken thereafter on three occasions Appellant submitted before this Court that matter is pending in the Hon’ble Supreme Court and an interim order was passed on 17.06.2019 by Hon’ble Supreme Court, which has been quoted in the order of the Adjudicating Authority. It is submitted that the matter is still pending in the Hon’ble Supreme Court.

3.

In the facts of the present case, we are of the view that ends of justice be served in closing this Appeal with liberty to the Appellant to file fresh application before the Adjudicating Authority after the decision is taken by the Hon’ble Supreme Court in the pending matter. Liquidator will await further order from the Adjudicating Authority to proceed in the matter. Appeal is disposed of with aforesaid observations.