National Company Law Appellate Tribunal

Unity Infraprojects Ltd vs NA on 10 September 2020

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NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI

Comp. App. (AT) (Insolvency) No. 773 of 2020

IN THE MATTER OF:

Unity Infraprojects Ltd.

…Appellant

Versus

Present:

For Appellant :

Mr. Kunal Mimani, Mr. Kunal Vajani and Mr. Varun Ahuja, Advocates

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O R D E R

(Through Virtual Mode)

10.09.2020 After hearing Mr. Kunal Vajani, Advocate representing the Appellant (Resolution Professional) we find that M.A. No. 227/2018 and M.A. No. 350 of 2018 in CP. No. (IB) 1058(MB)/2017 were heard and reserved for orders on 4th March, 2019. Learned counsel for the Appellant submits that subsequently the constitution of the Bench changed and the matter got released and placed before the reconstituted Bench. It is submitted that there is no progress in the matter and the application of Resolution Professional being M.A. No. 350 of 2018 praying for liquidation of the Corporate Debtor is being adjourned from time to time. It appears that previous order has been passed on 12th February, 2020 directing listing of this matter on 26th March, 2020 whereafter it has not been taken up for consideration.

Having regard to the provisions of the ‘I&B Code’ and the timelines prescribed as also the hardship encountered on account of imposition of lockdown due to outbreak of Covid19 declared as pandemic, we are of the considered opinion that the appeal can be disposed of with a direction to the

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Adjudicating Authority to take up the matter at the earliest through a convenient mode.

The appeal is accordingly disposed of. The Adjudicating Authority may list the matter within a week and make all endeavours for disposal of these urgent applications within the shortest time frame, preferably within two weeks.

Registry is directed to communicate this order to the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench.

[ Justice Bansi Lal Bhat ] Acting Chairperson

[ Justice Anant Bijay Singh ] Member (Judicial)

[ Shreesha Merla ] Member (Technical)

/ns/gc/

Company Appeal (AT) (Insolvency) No. 773 of 2020

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