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Arun Kapoor (Resolution Professional ... vs Schema Enterprises Private Limited

National Company Law Appellate Tribunal9 September 2022Ashok Bhushan

Ratio decidendi

The rule this decision rests on

Where an adjudicating authority disposes of an application in its operative portion without considering it in the reasoning, such disposal is set aside to that extent, and the application is revived for fresh consideration after hearing the parties.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Insolvency) No. 1053 of 2022IN THE MATTER OF:

Arun Kapoor ...Appellant

Versus

Schema Enterprises Pvt. Ltd. ...Respondent

Present: For Appellant: Mr. Amir Arsiwala and Mr. Dhaval Deshpande, Advocates. For Respondents:

ORDER

09.09.2022: Heard learned counsel for the Appellant. This Appeal has

been filed by the Resolution Professional of the Corporate Debtor challenging

the order dated 02.06.2022 passed by the Adjudicating Authority (National

Company Law Tribunal), Mumbai Bench, Court III in I.A. No. 1462 of 2022

and I.A. No. 1321 of 2022.

2. The Resolution Professional has filed two I.As. I.A. No. 1462 of 2022

for exclusion of 107 days and further I.A. No. 1321 of 2022 for extension of

90 days. The Adjudicating Authority heard both the applications and passed

an order allowing I.A. No. 1321 of 2022 by grating extension of 90 days,

however, in the order, there is no consideration of I.A. 1462 of 2022, where

exclusion of 107 days was asked for.

3. Learned counsel for the Appellant submits that application for

exclusion was filed after the CoC's approval, hence, it was required to be

considered.

Cont'd.../ 2

4. A perusal of the order impugned does not indicate that there is any

consideration of I.A. No.1462 of 2022 and the Adjudicating Authority has

passed order only on I.A. no. 1321 of 2022 but in the operative portion both

the applications have been disposed of.

5. In view of the aforesaid, we set aside the part of the order dated

02.06.2022 by which I.A. No. 1462 of 2022 has been disposed of. We revive

the application I.A. No. 1462 of 2022 before the Adjudicating Authority, which

may be considered and decided afresh after hearing the parties. Appeal is

disposed of accordingly.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No. 1053 of 2022

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