Tribunals and CommissionsDivision Bench(2023) 08 NCLAT CK 0092

Rohit Sehgal Liquidator HBN Dairies & Allied Ltd Vs

National Company Law Appellate Tribunal · Decided on 31 August 2023

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Barun Mitra, Member (T)
RESULT
Dismissed
CASE NUMBER
I.A. No. 3923 Of 2023 In Comp. App. (AT) (Ins.) No. 770 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

7 paragraphs · 246 words
1.

I.A. No. 3923 of 2023: - This is an Application praying for following reliefs:-

“a. Allow the present application and grant liberty to the Applicant/ Appellant to file necessary appropriate applications before the Hon’ble Adjudicating Authority for proceeding with the liquidation process of the Corporate Debtor;

b. Pass such other further/necessary orders or directions as may deem fit in the present matter.”

2.

Company Appeal (AT) (Ins.) No. 770 of 2022 filed by the Appellant has been disposed of by this Tribunal on 30.01.2023 with liberty to the Appellant as noted in paragraph 3 of the order, which is to the following effect:-

“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. Liquidation will await further order from the Adjudicating Authority to proceed in the matter. Appeal is disposed of with aforesaid observations.”

3.

Learned Counsel for the Applicant submits that the matter is still pending in the Hon’ble Supreme Court, however, he may be given liberty to approach the Adjudicating Authority again.

4.

We having already granted liberty to the Applicant to approach the Adjudicating Authority after decision of the Hon’ble Supreme Court, we see no reason to issue any direction as prayed in the application. I.A. No. 3923 of 2023 is rejected.