National Company Law Appellate Tribunal
Aashray Social Welfare Society & Ors vs Saha Infratech Pvt Ltd on 25 March 2021
NATIONAL COMPANY LAW APPELLATE TRIBUNAL
NEW DELHI
I.A. No.528 of 2021 in
Company Appeal (AT) (Ins) No.166 of 2021
IN THE MATTER OF:
Aashray Social Welfare Society & Ors.
…Appellants
Versus
Saha Infratech Pvt. Ltd.
…Respondent
For Appellants:
Shri Raghvendra Bajaj, Shri Agnish Aditya and Shri Jishnu Chowdhary, Advocates For Respondent:
None
O R D E R
(Virtual Mode) 25.03.2021 Heard Counsel for the Appellants. Perused the Application
- I.A. No.528 of 2021. It is stated that after the Orders of this Tribunal dated 8th March, 2021 where in para – 7, this Tribunal had recorded that the Adjudicating Authority (National Company Law Tribunal, New Delhi Bench) was being requested to urgently appoint another IRP within 10 days, the IRP has still not been appointed.
The Application shows that Adjudicating Authority was apprised of the Order on 10.03.2021 and Adjudicating Authority took up the matter and heard the issue on 12.03.2021 and reserved it for Judgement.
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The Application then mentions in para – 5 as under:- “Although this Hon’ble Appellate Tribunal had directed the Ld. Adjudicating Authority to appoint an IRP within ten days, however no such Order has been passed till
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I.A. No.528 of 2021 in Company Appeal (AT) (Ins) No.166 of 2021
date although the said period of ten days has come to an end on 18th March, 2021. The IRP Application is still reserved for Orders and the Corporate Debtor is still continuing without any IRP.”
The Adjudicating Authority has heard and appears to have reserved the Orders. As such, we are unable to accept the prayer that we should appoint the IRP.
The Application - I.A. No.528 of 2021 stands disposed of.
[Justice A.I.S. Cheema]
Member (Judicial)
[Dr. Alok Srivastava] Member (Technical) rs/md
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