National Company Law Appellate Tribunal

Gabon Seramik Pvt Ltd & Ors vs Prawincharan P Dwary & Anr on 9 November 2020

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NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI

Company Appeal (AT) (Insolvency) No. 960 of 2020

In the matter of:

M/s. Gabon Seramik Pvt. Ltd. & Ors.

....Appellants

Vs.

Mr. Prawincharan P. Dwary & Anr.

....Respondents

Present:

Appellants:

Mr. Arjun Padhiyar, Mr. Shivanshu, Advocates.

Respondents:

Mr. Atulbhai Sharma, Advocate for R1.

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ORDER

(Through Virtual Mode)

09.11.2020: It is brought to our notice that another I.A is pending consideration before the Adjudicating Authority (National Company Law Tribunal), Ahmedabad Bench, Court-1, which is being heard and the next date of hearing is 11th November, 2020, so the instant appeal arising out of an I.A pertaining to the same case can also be heard on the same platform as is being used for the purpose of hearing the other I.A. While it is true that the process of hearing simultaneously in physical mode and virtual mode may not be technically feasible and otherwise also not conducive, it cannot be denied that the parties should have access to justice. Therefore, hearing cannot be denied merely on the ground of one or the other platform not being available. Since another IA arising out of the same matter is being heard through physical mode, as we were told, we direct that I.A No. 536 of 2020 be also heard on 11th November, 2020 by the Adjudicating Authority simultaneously on the same platform.

Contd/-……….

-2-

The appeal is accordingly disposed off. No costs.

Copy of this order be sent to the Adjudicating Authority for information.

[Justice Bansi Lal Bhat] Acting Chairperson

[Justice Anant Bijay Singh] Member (Judicial)

[Shreesha Merla] Member (Technical)

AR/g

Company Appeal (AT) (Insolvency) No. 960 of 2020

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