National Company Law Appellate Tribunal

Power Finance Corporation Ltd vs Shree Maheshwar Hydel Power Corporation Ltd on 16 February 2021

Cites 0, Cited by 0

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI

Company Appeal (AT) (Insolvency) No. 99 of 2021

In the matter of:

Power Finance Corporation Ltd.

....Appellant

Vs.

Shree Maheshwar Hydel Power Corporation Ltd.

....Respondent

Present:

Appellant:

Mr. Ramji Srinivasan, Senior Advocate with Mr.

Deepak Khurana, Ms. Nishtha Wadhwa, Mr. Tejasv Anand, Advocates.

Respondent:

Mr. Arjun Sheth, Advocate.

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

ORDER

(Through Virtual Mode) 16.02.2021: The Adjudicating Authority (National Company Law Tribunal), Indore Bench at Ahmedabad, Court No.1, has in terms of the impugned order adjourned the application filed under Section 7 of the Insolvency and Bankruptcy Code, 2016 (“I&B Code” for short) to 11th February, 2021 with direction to parties to complete the pleadings. Though the date of hearing has elapsed, it is brought to our notice by Mr. Ramji Srinivasan, Senior Advocate representing the Appellant that the application under Section 7 of the ‘I&B Code’ relates to year 2018 and is still at the pre-admission stage. This factual position is not disputed by Mr. Arjun Sheth, Advocate appearing for the Respondent.

Without going into the reasons that occasioned such an inordinate delay in passing an order of admission or rejection of the application under Section 7 of the ‘I&B Code’, we deem it appropriate to dispose off this appeal by directing the Adjudicating Authority to adhere to the provisions of the ‘I&B Code’ and the timelines prescribed thereunder for dealing with the application at the stage of admission. The Adjudicating Authority would be well advised to deal with the Contd/-……..

-2- matter at the admission stage in accordance with law within two weeks after providing an opportunity of limited hearing to the parties.

The appeal is disposed off. Compliance shall be reported to this Appellate Tribunal. Copy of this order be communicated to the Adjudicating Authority forthwith.

[Justice Bansi Lal Bhat] Acting Chairperson

[Dr. Ashok Kumar Mishra] Member (Technical)

AR/g

Company Appeal (AT) (Insolvency) No. 99 of 2021

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.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

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