Tribunals and CommissionsDivision Bench(2024) 04 NCLT CK 0046

Vardhman Yarns and Threads Ltd vs Knitcraft Apparels International Pvt. Ltd

National Company Law Appellate Tribunal · Decided on 15 April 2024

HON’BLE JUDGES
Ashok Kumar Bhardwaj, Member (J) · Subrata Kumar Dash, Member (T)
RESULT
Disposed Of
CASE NUMBER
IB-160/ND/2023 RA-27/2024

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Judgment

2 paragraphs · 235 words

RA-27/2024: On 03.08.2023 the Ld. Counsel for CD agreed that the CD would pay the outstanding loan/debt to OC i.e. the principal amount in 15 equal instalments commencing from 10.08.2023. Today Adv. Keshri Kumar who had made the statement recorded in order dated 03.08.2023 firstly submitted that he has not been given copy of RA-27/2024, thus he would need time to file reply to the RA after getting the copy thereof. When his attention was drawn to order dated 03.08.2023 and it was pointed out that it was only because the undertaking given before this Court is not respected that the present application has been filed, he tried to explain that the amount of debt was time barred. The plea raised by the Ld. Counsel today that the amount of debt was time barred and the one raised by him on 03.08.2023 i.e. the principal amount would be paid in 15 equal instalments are diametrically opposite to each other. Such stand taken on behalf of any party before the Court cannot be appreciated. It is our prime duty that the majesty of the judicial system, law and the Court is up held. The dignity attached to the judicial system is not to any individual but it is to the system. By way of sheer indulgence, two days’ time is granted to Corporate Debtor to report its stand qua the order dated 03.08.2023.

List on 18.04.2024.