National Company Law Appellate Tribunal
Simandhar Broking Ltd vs Vipul H Raja on 19 November 2020
NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI
Company Appeal (AT) (Insolvency) No. 984 of 2020
In the matter of:
Simandhar Broking Ltd.
....Appellant
Vs.
Vipul H Raja
....Respondent
Present:
Appellant:
Ms. Natasha Dhruman Shah, Mr. Jaspeed Singh Dhillon, Mr. Shreevardhan Khemka, Advocates.
Respondent:
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ORDER
(Through Virtual Mode)
19.11.2020: A cursory glance at the impugned order lays it bare that there is no adjudication on merit. It appears that the matter which had been argued in February, 2020 had to be listed again before the Adjudicating Authority after intervention of lockdown due to COVID-19. The matter appears to have been heard again from 16th July, 2020 till 8th October, 2020. Taking into consideration the fact that both sides were heard again and their written submissions were taken on record whereafter the order was reserved, it cannot be said that no hearing has been granted to the parties.
After hearing learned counsel for the Appellant, we find that the appeal at this stage is not maintainable. The appeal is accordingly dismissed. However, to allay the apprehension of Appellant due to protraction of proceedings since February at the hearing stage, we deem it appropriate to request the Adjudicating Authority to dispose of the matter with utmost expedition after due consideration of submissions, oral and written, made by the parties. Contd/-………….
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Copy of this order be communicated to the Adjudicating Authority.
[Justice Bansi Lal Bhat] Acting Chairperson
[Justice Anant Bijay Singh] Member (Judicial)
[Dr. Ashok Kumar Mishra] Member (Technical) AR/g
Company Appeal (AT) (Insolvency) No. 984 of 2020