Tribunals and CommissionsDivision Bench(2022) 09 NCLAT CK 0035

Samta Chaturvedi vs Reliance Commercial Finance Ltd. & Anr

National Company Law Appellate Tribunal · Decided on 9 September 2022

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Barun Mitra, Member (T)
RESULT
Dismissed
CASE NUMBER
Company Appeal (AT) (Insolvency) No. 1061 Of 2022 & I.A. No. 3097 Of 2022

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Judgment

4 paragraphs · 182 words
1.

I.A. No. 3097 of 2022 has been filed for condonation of delay of eight days in filing the Appeal. Learned Counsel for the Appellant submits that time was taken to collate the requisite documents. Cause shown sufficient, Delay in filing the Appeal is condoned. I.A. No. 3097 of 2022 is allowed.

2.

Heard Learned Counsel for the Appellant. This Appeal has been filed against the Order dated 27th June, 2022 passed by the National Company Law Tribunal, Mumbai Bench, Court-I. By which Order, the Adjudicating Authority has admitted the Section 7 Application under IBC, 2016 filed by the Financial Creditor.

3.

Learned Counsel for the Appellant submits that the Adjudicating Authority proceeded ex-parte against the Appellant by Order dated 14th March, 2022 and the Order dated 27th June, 2022 is ex-parte against the Appellant.

4.

Learned Counsel for the Appellant prays that he may be permitted to withdraw this Appeal with liberty to file an Application under Rule 49 of the NCLT Rules, 2016 before the Adjudicating Authority. Prayer is allowed with liberty as above. The Appeal is dismissed as withdrawn.

Samta Chaturvedi Vs Reliance Commercial Finance Ltd. & Anr · CourtKutchehry