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Ambience Projects And ... vs Indiabulls Housing Finance Limited

National Company Law Appellate Tribunal5 August 2022Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The order rests on a procedural principle applied to the facts: where the Adjudicating Authority has closed the right to file a reply, the Appellate Tribunal may, in the interests of justice, grant a short further opportunity to file the reply on payment of costs, while making clear that no further opportunity will be granted thereafter.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL,PRINCIPAL BENCH, NEW DELHIComp. App. (AT) (Ins.) No. 908 of 2022In the matter of:

Ambience Projects & Infrastructure Pvt. Ltd. ....Appellant Vs.

Indiabulls Housing Finance Ltd. ...Respondent For Appellant: Mr, Rajeeve Mehra, Sr. Advocate with Mr. Anush Raajan, Advocate.

For Respondent: Mr. Sumesh Dhawan, Ms. Vatsala Kak, Mr. Shaurya Shyam, Advocates.

ORDER

05.08.2022: Heard Learned Counsel for the Appellant and Learned

Counsel for the Respondent.

2. This Appeal has been filed against the order dated 31.05.2022 passed

by the Adjudicating Authority (National Company Law Tribunal), New Delhi,

Court-IV, by which order the Adjudicating Authority in I.A No. 1825/ND/2022

has passed an interim order for maintaining status qua with regard to main

IB- 284/ND/2022. The time of 14 days was allowed to the Appellant by order

dated 04.05.2022 to file a Reply. On 31.05.2022, the Appellant having not filed

the Reply, the Adjudicating Authority directed that right to file Reply stands

closed. The Appellant although had filed a Reply to I.A No. 1825/ND/2022.

Learned Counsel for the Appellant submits that the Appellant was in the

negotiation with the Respondent and had made deposit of Rs. 98 Crores on

04.05.2022 and subsequently also made deposit of substantial amount,

hence, Reply could not be prepared and filed.

2

3. Learned Counsel for the Respondent submits that Respondent has no

instructions regarding payment made by the Appellant.

4. Be that as it may, we have seen that 19.07.2022 was the date fixed by

order dated 31.05.2022 and now 08.08.2022 has been fixed both in I.A No.

1825/ND/2022 as well as in the main IB- 284/ND/2022. In the facts of the

present case, we are of the view, the ends of justice be served in giving one

week's time to the Appellant to file a Reply subject to payment of cost of

Rs.50,000/- to the Prime Minister's Relief Fund.

5. The Respondent may have one-week further time for Rejoinder-Affidavit.

On 08.08.2022 which is the date fixed, it is for the Adjudicating Authority to

decided I.A No. 1825/ND/2022 and a date in the main petition be fixed two

weeks thereafter for hearing. We make it clear that in event the Appellant does

not file Reply, he shall be given no further opportunity to file a Reply.

6. The Appeal is disposed of.

[Justice Ashok Bhushan] Chairperson

[Justice M. Satyanarayana Murthy] Member (Judicial)

[Barun Mitra] Member (Technical) Anjali/nn

Comp. App. (AT) (Ins.) No. 908 of 2022

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