Miss Lucy
← All judgments

Assistant Commissioner Of Commercial ... vs M/S. Pratibha Industries Ltd & Anr

National Company Law Appellate Tribunal18 January 2024Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The condonation of delay in filing a claim under the insolvency process was granted on terms, and a direction to pay costs as a condition of that condonation is interdependent with it; the condition cannot be severed from the relief granted, so an appellant who challenges only the costs condition and not the condonation itself cannot obtain its deletion.

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.1509 of 2023IN THE MATTER OF:

Assistant Commissioner of Commercial Taxes ...Appellant

Versus

Pratibha Industries Ltd. & Anr. ...Respondents

Present: For Appellant: Mr. Sandeep Huilgol, Advocate.

For Respondents:

ORDER

(Hybrid Mode)

18.01.2024: Heard learned counsel for the Appellant. This Appeal has

been filed against order dated 31.07.2023 passed by the Adjudicating

Authority by which order the Adjudicating Authority while deciding the IA

No.1368 of 2023 filed by the Appellant praying for condonation of delay

accepted the claim of the Appellant subject to payment of cost of Rs.50,000/-

to 'Bharatkosh' within a period of one week. Appellant is aggrieved with the

direction to deposit the cost.

2. We are of the view that direction to accept the claim after condonation

of delay was subject to payment of cost of Rs.50,000/- and both are

interdependent and payment of cost cannot be deleted as prayed by the

Appellant. We do not find any merit in the Appeal. Appeal is dismissed.

Cont'd.../ -2-

3. Learned counsel for the Appellant prays for and is allowed four weeks'

time to deposit the cost as directed in the impugned order.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Arun Baroka] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No.1509 of 2024

This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.

Research this judgment with Miss Lucy

Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.

Try Miss Lucy free