National Company Law Appellate Tribunal

Seya Industries vs Beacon Trusteeship Ltd & Ors on 31 March 2021

NATIONAL COMPANY LAW APPELLATE TRIBUNAL

PRINCIPAL BENCH

NEW DELHI

COMPANY APPEAL (AT)(INSOLVENCY) NO.255 OF 2021

In the matter of:

Seya Industries

Appellant

Vs

Beacon Trusteeship Ltd & Ors

Respondent

Present:

Mr. Abhijeet Sinha, Advocate, Mr. Puneet Jain Mr. Harsh Jain, Mr. Harshit Khanduja, Advocates for appellant.

Mr Sudipto Sarkar, Sr. Advocate, Mr Himanshu Satija, Mr. Shadab S Jain, Ms Komal Khushalani, Ms Prerna Wagh, Advocates for Respondent No.1-3.

ORDER

31.03.2021- After hearing Mr. Abhijeet Sinha , learned counsel representing the appellant and Mr. Sudipto Sarkar, learned senior counsel representing the Respondent we are of the view that since the matter is at pre-admission stage, the Adjudicating Authority must adhere to mandate of Section 7(4) of IBC which enjoins upon it to pass an order of admission or rejection within 14 days of receipt of application under Section 7 of IBC. Final hearing is not contemplated at this stage. The matter was fixed for 26th March, 2021 which has elapsed but the matter is stated to be still pending consideration before the Adjudicating Authority at the admission stage. The appeal is accordingly disposed off by directing the Adjudicating Authority to expedite consideration of the matter and make endeavour for passing an order

2. of admission or rejection of the application within 14 days from today uninfluenced by the earlier orders.

A copy of this order be sent to the Adjudicating Authority, NCLT, Court V, Mumbai for compliance (Justice Bansi Lal Bhat) Acting Chairperson

(Dr. Ashok Kumar Mishra) Member (Technical) Bm/gc

Page 1 of 1

Loading citations and judicial treatment…

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead