Assotech Moonshine Urban Developers ... vs Sudershan Goel

National Company Law Appellate Tribunal27 January 2023Ashok Bhushan

CitationCompany Appeal (AT) (Insolvency) No. 89 of 2023

Ratio decidendi

The rule this decision rests on

The Appellate Tribunal will not entertain an appeal against an interlocutory order of the Adjudicating Authority that allows impleadment of parties, where the Adjudicating Authority has itself directed that the maintainability of the underlying application will be examined independently and that question remains undecided; in such a situation the appeal is premature and is dismissed, all questions being left open to both 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. 89 of 2023IN THE MATTER OF:

Assotech Moonshine Urban Developers Pvt. Ltd. ...Appellant

Versus

Sudershan Goel ...Respondent

Present: For Appellant: Mr. Rishi K. Awasthi and Mr. Piyush Vatsa, Advocates.

For Respondent: Mr. Praveen Kumar Aggarwal, Advocate.

ORDER

27.01.2023: Heard learned counsel for the parties. This Appeal has been

filed against the order dated 19.12.2022 by which order the Adjudicating

Authority has allowed the impleadment application filed by certain

homebuyers in the pending Section 7 application. Learned counsel for the

Appellant submits that the Adjudicating Authority has not yet decided the

issue of maintainability of the application and impleadment application are

allowed from time to time.

2. Be that as it may. The Adjudicating Authority itself has observed that

the maintainability of the application would be examined independently.

Learned counsel for the Respondent has also raised objection that the

Appellant has not impleaded all homebuyers in the Appeal.

Cont'd.../ 2

3. In view of the order which has been passed by the Adjudicating

Authority, it is not a stage for entertaining the appeal since the question of

maintainability is yet to be examined. We, thus, are of the view that present

is not stage for entertaining the appeal. Leaving all questions open for both

the parties, we dismiss this appeal.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No. 89 of 2023

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