Arun Chadha vs Bimla Maru Fashions Pvt. Ltd

IN THE MATTER OF: Mr. Arun Chadha .....Appellant Vs. M/s Bimla Maru Fashions Pvt. Ltd. ......Respondent

Present : For Appellant: Mr. Kunal Tandon, Ateepriya Bhatia, Ms. Niti Jain, Advocates

02.12.2019 - Having heard learned counsel for the Appellant and being

satisfied with the grounds, delay of eight days in filing the appeal is hereby

condoned. I.A. No. 3922 of 2019 stands disposed of.

This appeal has been preferred by Mr. Arun Chadha, the 'Interim

Resolution Professional' of 'Bimla Maru Fashions Pvt. Ltd. against the order

dated 29th July, 2019 passed by the Adjudicating Authority ('National Company

Law Tribunal') New Delhi Bench, Court No. III. The Adjudicating Authority

referred the matter to The Insolvency and Bankruptcy Board of India (IBBI),

calling for a report about conduct of 'Interim Resolution Professional' which

reads as follows: -

admin 1 CA No. 198/C-III/ND/2019: From the Application which has been filed, it is

evident that a modification of the order dated 24.10.2018 is being sought for. The

Registry of this Tribunal was directed to convey a copy of the said order to IBBI

for necessary action as stated in the order.

In view of the above directions, to await the report of IBBI and for this purpose, the matter is adjourned for 4 weeks. A copy of this order to be made available by the Applicant to the IBBI in case the report of the IBBI has not been submitted to this Tribunal.

CA No. 186/C-III/ND/2018

In this regard, it is also brought to the notice of this Tribunal that there is no Resolution Plan approved and the application seeking for liquidation has also been reserved for order in CA No.186/2019. It is evident from the record that already an Application in CA No. 186/2019 has been filed seeking for modification of the earlier order passed in relation to the conduct of IRP, in which this Tribunal had directed for the report of IBBI. Hence, this application is required to be disposed along with CA No. 198/2019 and this application is to be also kept pending to await IBBI's report.

CA No. 9, 10& 11/2019: Learned Counsel for the Resolution Professional as well

admin 2 as Ld. Counsels appearing for the parties represent that pleadings in these applications are complete."

Learned Counsel for the Appellant submits that the aforesaid observation

has been made by the Adjudicating Authority without notice to the Appellant

otherwise the Appellant would have brought to the notice of the Adjudicating

Authority that no irregularity was committed by the Appellant and the Appellant

was always committed to duty in accordance with law.

On hearing the Appellant and going through the record, we are of the view

that while we are not making any observation with regard to impugned order, we

allow the Appellant to bring the aforesaid fact to the IBBI before which the matter

has been referred. If the Appellant files any representation before the IBBI giving

details, the IBBI, shall, uninfluenced by the impugned order dated 29th July,

2019 and 24th October, 2018 decide as to whether the matter calls for any

enquiry or not.

The appeal stands disposed of.

[Justice S. J. Mukhopadhaya] Chairperson

[ Justice Bansi Lal Bhat ] Member (Judicial)

[Justice Venugopal M.] Member (Judicial)

ss/sk

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