Abhishek Singh vs Do Well Moulds & Anr
- CitationCompany Appeal (AT) (Insolvency) No. 212 of 2025
Ratio decidendi
The rule this decision rests on
The Tribunal will not entertain an appeal against an interlocutory order that is not a final order, because the subject-matter of the impugned order (an adjournment with directions to argue on the next date) has not been finally decided and the aggrieved person remains free to seek intervention before the adjudicating forum and place the relevant facts before it.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Abhishek Singh Suspended Directors of Manpasand Beverages Ltd. ...Appellant
Versus
Do Well Moulds & Anr. ...Respondents
Present: For Appellant : Mr. Abhijeet Sinha, Sr. Advocate with Mr. Himanshu Satija, Mr. Harsh Saxena, Mr. Aditya Shukla, Ms. Ridhi Ranjan, Advocates. For Respondents :
ORDER
(Hybrid Mode)
03.02.2025: Heard learned counsel for the Appellant. This appeal has
been filed against order dated 20.01.2025, which direct as follows:
"ORDER
Ld. Counsel for the applicant seeks adjournment. Both the parties to argue the matter on next date of hearing.
List on 04.02.2025"
2. Learned counsel for the Appellant submits that against the Corporate
Debtor CIRP has already been admitted by order dated 24.09.2024 passed by
National Company Law Tribunal, Ahmedabad, Division Bench, Court -1 in
RCP(IB)/5(AHM)2024 which order has been stayed by this Appellate Tribunal
on 26.09.2024, in which moratorium continues. He submits that some other
Cont'd..../ 2
Section 9 applications were filed, which applications were dismissed as
infructuous in view of the moratorium imposed on 24.09.2024, whereas, by
the impugned order National Company Law Tribunal, Ahmedabad, Court-2
issued direction for arguments on next date.
3. We are of the view that the Court having not passed any final order, it
is always open for the Appellant to intervene as contended by the Appellant.
At this stage, we are not inclined to entertain this appeal. It is open for the
Appellant to file an application for intervention and bring necessary facts in
the notice of the Court, which application shall be considered in accordance
with law. Subject to above observation, this appeal is dismissed.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical)
[Arun Baroka] Member (Technical) Archana/nn
Company Appeal (AT) (Insolvency) No.212 of 2025
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