Tribunals and CommissionsFull Bench(2024) 03 NCLAT CK 0055

S Gurcharan Singh Maken & Anr vs Anil Kumar Jain & Ors

National Company Law Appellate Tribunal · Decided on 19 March 2024

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Barun Mitra, Member (T) · Arun Baroka, Member (T)
RESULT
Disposed Of
CASE NUMBER
Company Appeal (AT) (Insolvency) No. 563 Of 2024

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Judgment

7 paragraphs · 225 words
1.

Heard Learned Counsel for the Appellant.

2.

This Appeal has been filed against the order dated 26.02.2024 passed by the Adjudicating Authority (National Company Law Tribunal), New Delhi Bench (Court-III) by which Adjudicating Authority has directed the matter to be listed for 03.04.2024 for physical hearing.

3.

Learned Counsel for the Appellant submits that IA No. 1833 of 2020 which has been filed for approval of the Resolution Plan is pending for about four years and the allottees are senior citizens and due to non-disposal of the application the homebuyers are suffering.

4.

Learned Counsel for the Resolution Professional submitted that the IA No. 1833 of 2020 was decided by the Tribunal but on the order passed by this Tribunal, the application was revived for fresh consideration.

5.

Learned Counsel for the Appellant has pointed out an earlier order dated 30.06.2021 of this Tribunal in Company Appeal (AT) (Ins.) No. 324 of 2021 where this Tribunal has already observed that the Application IA No. 1833 of 2020 be disposed of expeditiously.

6.

In view of the facts of the present case and submissions made, we are of the view that the Adjudicating Authority shall endeavor to dispose of the application at an early date preferably within three months from the date this order is placed before the Adjudicating Authority.

7.

Appeal is disposed of.