Arun Kapoor (Resolution Professional ... vs Schema Enterprises Private Limited
- CitationCompany Appeal (AT) (Insolvency) No. 1053 of 2022
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
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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