National Company Law Appellate Tribunal

T S N Raja vs IFCI Ltd on 3 June 2020

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NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI

Company Appeal (AT) (Insolvency) No. 469 of 2020

In the matter of:

T. S. N. Raja

....Appellant

Vs.

IFCI Ltd.

....Respondent

Present:

Appellant:

Mr. Ankur Khandelwal, Advocate.

Respondent:

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O R D E R

(Through Virtual Mode) 03.06.2020: The short issue raised in this appeal is that I.A. No. 173 of 2019 filed by the Appellant before the Adjudicating Authority (National Company Law Tribunal), Hyderabad Bench has not been disposed of till date though orders had been reserved on 21.08.2019. Even if the lockdown period is excluded, still more than six months have elapsed from the date order has been reserved. The inordinate delay in disposal of an I.A. spanning more than six months cannot be justified on any ground whatsoever. The fact that the justice had been delayed is bound to raise apprehension in the mind of parties and it cannot be disputed that delay defeats justice. Contd…./

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2. We accordingly dispose of the instant appeal with direction to the Adjudicating Authority to make all endeavours for disposal of I.A. No. 173 of 2019 pending on its board within four weeks.

3. Registry is directed to convey this order to the Adjudicating Authority.

[Justice Bansi Lal Bhat] Acting Chairperson

[Justice Anant Bijay Singh] Member (Judicial)

[Dr. Ashok Kumar Mishra] Member (Technical)

am/gc

Company Appeal (AT) (Insolvency) No. 469 of 2020

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