Avail Financial Services Limited vs Sunworld City Private Limited
- CitationCompany Appeal (AT) (Ins.) No. 1250 of 2019
Ratio decidendi
The rule this decision rests on
The appeal is rejected on the sole ground that a materially identical appeal (Company Appeal (AT) (Ins.) No. 123 of 2021), arising from the same matter, was already dismissed as time-barred, with that earlier record annexed to this appeal; the Tribunal treats the earlier dismissal, rather than any independent examination of the merits or of limitation in this appeal, as determinative.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
In the matter of: Avail Financial Services Ltd. ....Appellant Vs. Sunworld City Pvt. Ltd. ....Respondent Present For Appellant: None. For Respondent: Mr. Anshum Jain, Advocate. ORDER
(Virtual Mode)
03.02.2022: In terms of the Order dated 07.12.2021 Registry has placed
the record of the Company Appeal (AT) (Ins.) No. 123 of 2021.
From the perusal of the Order dated 22.02.2021 passed by this Tribunal
in Company Appeal (AT) (Ins.) No. 123 of 2021 presided by the then Hon'ble
Acting Chairperson Justice Bansi Lal Bhat and Hon'ble Dr. Ashok Kumar
Mishra, Member (Technical), wherein, the application for condonation of delay
was rejected and the appeal was also dismissed as barred by limitation.
Company Appeal (AT) (Ins.) No. 1250 of 2019 was listed on 05.03.2020 a
request was made on behalf of the Learned Counsel for the Appellant to give
another date in the matter and the matter was directed to be listed on
08.04.2020 and thereafter the matter was adjourning from time to time and
only on 07.12.2021 Leanred Cousnel for the Respondent inform this Court that
the another Appeal was filed of the similar matter in Company Appeal (AT) 2
(Ins.) No. 123 of 2021. But Company Appeal (AT) (Ins.) No. 123 of 2021 was
disposed off on 22.02.2021.
Learned Counsel for the Respondent is present but despite Learned
Counsel for the Appellant was informed about the next date of the proceeding
nobody appears on behalf of them.
So, this Appeal is also rejected as the similar case was also rejected.
Let the records of Company Appeal (AT) (Ins.) No. 123 of 2021 be
annexed with this appeal.
[Justice Anant Bijay Singh] Member (Judicial)
[Ms. Shreesha Merla] Member (Technical) Sim/ Kam
Comp. App. (AT) (Ins.) No.1250 of 2019
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