Averda Waste Management India Private ... vs Liberium Global Resources ...

IN THE MATTER OF: Averda Waste Management India Pvt. Ltd. ...Appellant(s)

Versus

Liberium Global Resources Pvt. Ltd. ...Respondent(s)

Present: For Appellant(s) : Mr. Krishnendu Datta (Sr. Adv.), Mr Saket Sikri, Mr Divyam Agarwal, Mr Aniket Aggarwal, Mr Arjun Narang, Mr Akshat Trivedi, Mr Ajay Pal Kullar, Mr Yash Tandon, Advocates.

For Respondent(s) : Mr Abhijit Sinha (Senior Advocate), Mr Sandeep Bajaj, Mr Prateek Mishra, Ms Praijat, Mr Arjun Sidhant for R1, Mr Rachit Ranjan (IRP) Advocates.

ORDER

(HYBRID MODE)

08.07.2025: Challenging the order admitting a company petition under

Section 9 IBC, dated 09.05.2025, the Respondent before the Adjudicating

Authority has preferred the aforesaid appeal.

2. Heard both sides. The Appellant's contention is grounded on its

allegation that it did not have a fair opportunity to make its case before the

Adjudicating Authority. The Appellant has not filed the reply on merits, since

it took up the plea as to the maintainability of the company petition filed

under Section 9 IBC. There are certain ancillary allegations, frills, and

embroideries attached to this submission, but we do not propose to concern

ourselves overly with them. Learned counsel for the Respondent submitted 2

briefly on the merit of some of the allegations made by the Appellant, but

added that his client is not averse to granting the Appellant an opportunity of

being heard fairly. However, he added that the said opportunity should not be

allowed to be exploited for dragging the proceedings and defeating the rights

of the Respondent.

3. Given the nature of the submission made before us, we have little

hesitation in setting aside the order of the Adjudicating Authority dated

09.05.2025 in Company Petition 830/2025 and remanding the matter back

to the Tribunal. The appellant is entitled to file its reply raising all pleas

available to it in law, including the plea as to the maintainability of the

company petition, on or before 22.07.2025.

4. Except for force majeure or Vis major events intervening, neither side,

more specifically the appellant, shall seek by adjournments before the

Adjudicating Authority. The Adjudicating Authority is required to explore

possibilities of disposing of the matter as early as possible, preferably within

six weeks after the completion of pleadings.

5. This appeal is disposed of accordingly.

[Justice N Seshasayee] Member (Judicial)

[Mr. Arun Baroka] Member (Technical) MT/AB