AI Structured Summary
Not yet generated for this judgment
Judgment
ORDER
These are a bunch of 6 Company Appeals preferred under Section 61 of the I & B Code, 2016.
Comp App (AT) (CH) (Ins) No.101/2021 is as against the Impugned Judgment dated 22.02.2021 passed by the National Company Law Tribunal, Kochi Bench in IA(IBC)/13/KOB/2021 in TIBA/11/KOB/2019. (2) Comp App (AT) (CH) (Ins) No.242/2021 is as against the Impugned Judgment dated 22.02.2021 passed by the National Company Law Tribunal, Kochi Bench in IA(IBC)/13/KOB/2021 in TIBA/11/KOB/2019.
Comp App (AT) (CH) (Ins) No.105/2021 has been preferred as against the Impugned Order dated 22.02.2021 passed by the National Company Law Tribunal, Kochi Bench in IA(IBC)/13/KOB/2021 in TIBA/11/KOB/2019.
Comp App (AT) (CH) (Ins) No.100/2021 has been preferred against the Impugned Order dated 22.02.2021 passed by the National Company Law Tribunal, Kochi Bench in IA(IBC)/13/KOB/2021 in TIBA/11/KOB/2019.
Comp App (AT) (CH) (Ins) No.99/2021 arises out of the Impugned Order dated 22.02.2021 passed by the National Company Law Tribunal, Kochi Bench in IA(IBC)/13/KOB/2021 in TIBA/11/KOB/2019.
Comp App (AT) (CH) (Ins) No.288/2022 challenges the Impugned Order dated 22.02.2021 passed by the National Company Law Tribunal, Kochi Bench in IA(IBC)/13/KOB/2021 in TIBA/11/KOB/2019.
All these 6 Appeals have been preferred under Section 61 of the I & B Code, at the behest of the Operational Creditors.
All these appeals stood dismissed for want of prosecution on 12.07.2023 by a bench of Hon’ble Rakesh Kumar Jain (Member Judicial) and Shreesha Merla (Member Technical) of this Appellate Tribunal. While passing the order, the Bench has observed that the Impugned Order, which is under challenge has attained finality, since the Resolution Plan has already been approved and that, since the issue of challenge to the approval of the Resolution Plan, has already been decided, in various other appeals, which have been dismissed on merits on 17.01.2024.
These 6 appeals were dismissed for non-prosecution on 12.07.2023. Seeking its recall, the Appellants have filed the Restoration Applications, bearing their respective e-filing number, as given above, which are listed today under the head as defective, owing to the fact that, there were certain defects which were pointed out by the registry.
Despite the fact that, the Restoration was filed as back on 11.08.2023, the defects have not been removed and ever since then, Restoration Applications have remained pending. Hence, they were directed to be listed for orders today i.e., 23.09.2024.
When the matter was taken up it was found that, most of the defects were formal in nature and hence, they would stand overruled except for the uploading of the payment receipt of Bharatkosh, which finds place on records in each of the Restoration Applications.
The Appellants have sought the Restoration of the Appeal, on the common ground that, when the matter was listed on 12.07.2023, as the Learned Counsel on the record could not attend the proceedings before the Tribunal due to technical glitch, because of which he could not connect to NCLAT video conferencing site and was unable to join the proceedings, and hence he was unable to appear when the matter was taken up on 12.07.2023 and therefore they have filed the Restoration Application.
When the Restoration was taken up for consideration today, the Learned Counsel for the parties had submitted that the Resolution Plan, had already been approved and the same has been implemented and also that all creditors have been paid.
It is seen that in Comp App (AT) (CH) (Ins) No.149/2021 Orlem Pharm Pvt. Ltd. Vs P.V.S. Memorial, which was listed on Restoration Application No.04/2023, this Tribunal has passed orders, first restoring the appeal and then dismissing the same on merits, because of owing to the fact that, as the Resolution Plan has been approved and implemented and all the creditors have been paid.
The relevant observations made in the said order in Para 2, 3 & 4 are extracted hereunder: -
“2.Counsel for the Appellant has submitted that the non-appearance was not deliberate but it was due to technical defect in the Virtual hearing. Although the applications have been contested by the Respondent but keeping in view the fact that the Appellant could not put appearance because there was some problem in the audio connection, therefore, accepting the explanation given in the application, the impugned order dated 12.07.2023 is hereby recalled in both the appeals and restoration applications are allowed.
3.However, we have asked counsel for the appellant to argue the main appeal. Counsel for the appellant has submitted that different treatment has been given to the operational creditors and the workmen in the Resolution Plan, therefore, the present appeal has been filed. On the other hand, counsel for the Respondent has submitted that the Resolution Plan was approved on 2021 and has been implemented thoroughly as all the creditors have been duly paid. It is also submitted that the other appeals filed by the operational creditors have also been dismissed.
4.We have heard counsel for the parties and after perusal of the record are of the considered opinion that there is no merit in these appeals because not only the Resolution Plan has also been implemented and the creditors have been duly paid but also the appeals filed by other operational creditors have also been dismissed”.
Owing to the fact that the instant bunch of appeals are based upon the same facts and circumstances which were dealt with by the Judgment on 17.01.2024, as rendered in Comp App (AT) (CH) (Ins) No.149/2021, and this being a fact which has not been disputed by the Learned Counsels appearing for the parties, the following consequences would follow: -
The Restoration Applications (bearing the e-filing numbers) for the reasons which have been given therein and as dealt herein above, would stand allowed and the appeals would stand restored to their original numbers.
Having restored the appeals to their original numbers, the same would consequentially stand dismissed on merits, because the same issue has been considered by the coordinate bench of the Tribunal in the Judgment of 17.01.2024 as rendered in Comp App (AT) (CH) (Ins) No.149/2021, whereby the Appeal has been dismissed on merits after its restoration on the ground that, as the Resolution Plan as already been implemented and the Creditors have been paid.
As prayed for, the Interlocutory Applications having Transitory Res App Nos.901771, 901758, 901759, 901761, 901765 & 901769 / 2024, would accordingly stand allowed.
The Appeals would accordingly, for the reasons above would stand dismissed.
The Registry is directed to place a copy of this Judgment in each of the connected Company Appeals.