Tribunals and CommissionsFull Bench(2022) 04 NCLAT CK 0016

Tessenderlo Chemie International NV/SA vs Sterling Biotech Ltd

National Company Law Appellate Tribunal · Decided on 4 April 2022

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Dr. Alok Srivastava, Member (T) · Shreesha Merla, Member (T)
RESULT
Dismissed
CASE NUMBER
Comp. App. (AT) (Ins.) No. 364 Of 2022

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Judgment

4 paragraphs · 257 words
1.

Heard Shri Abhishek Anand, Learned Counsel for the Appellant.

2.

This Appeal has been filed against the order dated 28.03.2022 passed by the Adjudicating Authority (National Company Law Tribunal), Court-I, Mumbai, Special Bench by which I.A No. 549 of 2022 filed by the Appellant has been rejected. The Liquidator has issued notice for auction "as is where is, whatever there is basis". The Appellant wanted certain information from the Liquidator and has asked for information vide letter dated 24.12.2021. The Liquidator has stated before the Adjudicating Authority that the she has already sent response to the Application vide its letter dated 04.03.2022. While deciding the I.A, the Adjudicating Authority in the order itself has extracted the information sought for and response given by the Liquidator.

3.

Shri Abhishek Anand, Learned Counsel for the Appellant submits that the complete information as was required by the Appellant have not been provided for. He submits that the Appellant is prospective bidder and Company is stationed at Belgium.

4.

Be that as it may, the auction has been fixed "as is where is, whatever there is basis" and the Liquidator has provided the information as per her records. We see no reason to interfere with the impugned order passed by the Adjudicating Authority in the present Appeal. It is for the Appellant to take care and other information as per its satisfaction to decide to bid or not. The Liquidator having provided the relevant information, we see no reason to entertain this Appeal at this stage. The Appeal is dismissed.