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Bharat Kumar Patwa vs Axis Bank Limited And Anr

National Company Law Appellate Tribunal2 December 2022Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The appeal is disposed of by following an earlier order of the same Tribunal in parallel appeals, which held that the pending application before the Adjudicating Authority be considered afresh on merits; no independent legal principle is stated beyond applying that earlier direction to this matter.

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. 1453 of 2022IN THE MATTER OF:

Bharat Kumar Patwa ...Appellant

Versus

Axis Bank Ltd. & Anr. ...Respondents

Present: For Appellant : Ms. Bhumika Sharma, Advocates.

For Respondents : None.

ORDER

02.12.2022 Heard the learned Counsel for the Appellant. This appeal is

filed against the order dated 07.11.2022 by which the Adjudicating Authority

has adjourned I.A. No. 211 of 2022 to 20.01.2013. It is submitted that

challenging the order of the same date adjourning other two Applications filed

by the personal guarantors was challenged in this Tribunal vide Company

Appeal(AT)(Insolvency) No. 1385 of 2022 and Company Appeal(AT)(Insolvency)

No. 1386 of 2022 which was disposed on 28.11.2022 where this Appellate

Tribunal while disposing of the Appeal has observed that the Application

pending with the Adjudicating authority be considered afresh on merit.

Following the above order of this Tribunal dated 28.11.2022, this appeal is

disposed of in the same terms. Learned Counsel for the Appellant submits that

an advance copy has been given to the Respondent Bank but no one has

appeared today. However, liberty is given to the Respondent Bank to file

Application for modification/variation of this order if they feel aggrieved.

Company Appeal (AT)(Insolvency) No. 1453 of 2022 Page 1 of 2

Appeal is disposed of.

(Justice Ashok Bhushan) Chairperson

(Mr. Barun Mitra) Member(Technical) akc/Nn

Company Appeal (AT)(Insolvency) No. 1453 of 2022 Page 2 of 2

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