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Judgment
O R D E R
13.09.2023: Heard Learned Sr. Counsel for the parties.
These Appeals have been filed against the Order dated 02nd August, 2023 passed by National Company Law Tribunal, Ahmedabad, Court-I. Order dated 2nd August, 2023 reads as under:
“IA/820(AHM)2023,IA/821(AHM)2023, IA/822(AHM)2023, IA/823(AHM)2023, IA/824(AHM)2023, IA/835(AHM)2023 these applications are filed by the various banks and – Standard Chartered Bank, Bank of Baroda, IDBI Bank, Central Bank of India, SBM Bank (India) and one Grant Thronton UK LLP who is one of the respondent in IA 550 of 2023, raising the preliminary ground for maintainability of IA 550 of 2023. It is noted that vide Order dated 05.07.2023. This Adjudicating Authority had already given the opportunity to all the respondents in I.A. 550 of 2023 to file their reply on the issue of maintainability as well as on the merits also. In such circumstances, separate IAs raising the issue on the maintainability is not required. The applicants in these petitions may file their reply as respondent in I.A. 550 of 2023 on the issue of maintainability also. The ld. Counsel however, submits that these IAs should be decided before taking up the matter in IA 550 of 2023. But we are of the view that these issues can always be raised in IA 550 of 2023. With this, all I.As i.e. IA/820(AHM)2023, IA/821(AHM)2023, IA/822(AHM)2023, IA/823(AHM)2023, IA/824(AHM)2023, IA/835(AHM)2023 are considered as infructuous and disposed of.”
The grievance raised by Learned Sr. Counsel for the Appellant is that separate I.A.s were filed by the Applicants (Appellants herein) raising the question of maintainability to I.A. No. 550 of 2023 filed by the Respondent No. 1 M/s. Winsome Investor Welfare Association and Ors. which Application has not been entertained and the Court has observed that the Appellants who are Respondents in I.A. No. 550 of 2023 may file their Replies on the maintainability as well as on the merits of the Application.
Learned Sr. Counsel for the Appellant submits that there are serious issues raised regarding the maintainability of the Application which is jurisdictional issue and Court ought to have considered the same.
Learned Sr. Counsel for the Respondent submits that on 05th July, 2023, time was granted to all the Respondents who are Appellants herein to file their Replies and in fact Replies have already been filed and Rejoinder has also been filed.
We have considered the submissions of Learned Counsel for the Parties and have perused the record.
The Adjudicating Authority by the Impugned Order has permitted the Applicants to take all the issues regarding maintainability in their reply. It is clear from the order that the Adjudicating Authority was of the view that separate I.As raising maintainability need not be decided and all issues may be considered and decided along with I.A. No. 550 of 2023. Looking to the submissions of the parties and all the facts, the Adjudicating Authority has itself granted liberty to the Appellants to raise the issue of maintainability, we have no doubt that the question of maintainability shall be decided by the Adjudicating Authority before passing any order on the merits which may be done either by the same order or by separate order as per discretion of the Adjudicating Authority. Looking to the issue raised, we have also no doubt that the Adjudicating Authority shall endeavour to dispose of the Application expeditiously.
With these observations, these Appeals are disposed of.